PAINKILLER LAW: The Provider’s Dilemma, Part Two

Healthcare providers writing legitimate prescriptions for pain medication today swim in shark-infested waters.  Every provider needs to protect herself or  himself from the crusading law enforcement agencies that presently are happy to shoot first and ask questions later in the new effort to “crack down on” or “do something about” prescription opioid abuse.  In previous posts I have coined the phrase, “The Provider’s Dilemma,” to describe the conflict faced by physicians, osteopaths and physician’s assistants in prescribing Schedule II through V medication for patients with severe, chronic or debilitating pain, on the one hand, and providers’ being subjected to unwarranted or impulsive administrative or criminal scrutiny for prescribing pain medication, on the other.  Today I elaborate on The Provider’s Dilemma, with special attention to two news releases which, ironically, came out within hours of one another.

The first release was from Virginia Commonwealth University’s Spine Center, which in a recent study found that long-term intrathecal opioid treatment can be beneficial for pain management and reduction.  The study cited concerns about tolerance, absence of relief, or development of dependency which can occur with patients taking oral opioids, but the study did nothing to undermine or debunk the notion that these drugs can bring much needed relief to patients suffering from real pain.  The science continues to be in line with patient-care policy in states like California, and with the instructional and philosophical approach taught in the nation’s medical schools for the past few decades:  That good medicine includes treating pain patients in need.

But then, in the second news release, the White House Office of National Drug Control Policy (“ONDCP”) boasted of the recent summit it had with a dozen or so other federal agencies, including the Justice Department, on the Office’s #1 priority:  Fighting what it once again called the “Prescription Drug Abuse Epidemic.”  Just the issuance of this release by the ONDCP should be enough to give pause even to the most scrupulous and conservative healthcare practitioner, mid-signature on the prescription pad.  This is because the awesome power of the White House, the D.E.A, and the rest of the federal government is today arrayed and ready for what the government considers the latest iteration of the War on Drugs.  Only this time, they’re pursuing healthcare providers instead of cartel kingpins, and the scourge they’re deploying against is for legitimate and lawful prescriptions, not street drugs.

What should you do?  On the one hand, the people who tell you it’s still OK to use your best medical judgment in writing painkiller prescriptions carry the wise words of Hippocrates.  But the people on the other side of the issue carry badges and guns, and the blessing of federal, state and local government to come after you if in the “considered” opinion of a prosecutor or cop with not one day’s medical training, you’ve crossed the line in prescribing opioids for pain.

What are your options?  You can stop writing prescriptions for any opioid painkiller and hope for the best, not only for yourself but for your patients whose medical needs you may end up neglecting.  Or, you can carefully and thoroughly incorporate best practices into how you assess, diagnose, treat and monitor anyone who needs pain relief, and be in compliance with federal and state criminal laws about writing for these medications.

That is where Painkiller Law: Criminal Law Compliance for Healthcare Providers comes in.  Painkiller Law is a comprehensive legal service offered by the Meister Law Offices.  We provide a top-to-bottom review of your practice to enable you to verify, achieve and maintain compliance with applicable laws, incorporate best practices into all you and your staff do, know where the red flags might be, and stand with you if you ever find yourself under investigation.  In the current enforcement environment, you cannot control whether the D.E.A. or F.D.A., or your state’s Medical Board, start looking at you.  You do not, however, need to be at their mercy.  Be in compliance, be ready, and thereby be best positioned to prevail.

Call Painkiller Law today for a free consultation, at 213.293.3737, or email info@painkillerlaw.com

 

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