PAINKILLER LAW: THE NEW “BLAME GAME” IN Rx ABUSE

Did you as a medical doctor, osteopath, physician’s assistant or pharmacist know that YOU are to blame for Rx abuse nationwide?  The White House Office of National Drug Control Policy is placing new emphasis on treatment and prevention of Rx abuse and urging a new, more “compassionate” model be adopted when it comes to how patients abusing prescription painkillers should be approached.  But blame for Rx abuse has to be placed somewhere.  And so it has been placed on healthcare providers who write painkiller prescriptions, and the pharmacists who fill them.

Look no further than an article in Wednesday’s Wall Street Journal for proof.  The article, “Making the Pharmacy Crawl,” explains that patients in many states have to travel to several pharmacies to fill legitimate prescriptions, as a result of new laws’ making “doctors criminally liable and revok[ing] their licenses for writing prescriptions for painkillers that lead to overdoses.”  This, in combination with pharmacies’ being subject to stricter limits on how many opioids they can dispense in a given period, has led, says the article, to a reduction in the number of doctors writing prescriptions, and in pharmacies’ not being able to fill what even a legitimate patient with a legitimate scrip might need. Is this really helping people? Or is it placing doctors’ judgment under a microscope, allowing if not requiring scrutiny of medical judgment, by government agents with no medical training or experience?  Is it substituting pharmacists’ judgment, discretion and ethics for hard and fast marching orders from the DEA?  Is it going to do anything to crack down on what the government calls the prescription painkiller epidemic, or will it just make people’s lives harder, subject them to more unwanted bureaucracy, and punish ethical practitioners and legitimate patients along with a few corrupt practitioners and drug addicts?

Ham-fisted governmental action that creates unintended consequences for good and law-abiding people abound, especially in an environment like this where the government is basically feeling its way as it goes.  When government treats a public health problem as a law enforcement problem, there is going to be a lot of collateral damage behind every press release or high profile arrest.  Don’t be the collateral damage.  Protect yourself and your practice from governmental heavyhanded behavior, by being in compliance now with all applicable criminal laws about prescribing painkillers.  Compliance goes a long way; it makes for ethical and sound patient care; it gives you peace of mind that if you’re ever investigated you will be ready; it helps persuade law enforcement that you are practicing appropriately and properly; and it acts as a foundation for a defense if you ever need.

Call Painkiller Law, a service of the Meister Law Offices, today for a free consultation on how to verify, achieve and maintain criminal law compliance in writing prescriptions for pain medication.  It’s good preventative medicine.  213.293.3737, or write us at info@painkillerlaw.com.

 

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PAINKILLER LAW: CRIMINAL LAW COMPLIANCE FOR HEALTHCARE PROVIDERS

For Medical Doctors, Doctors of Osteopathy, and Physician’s Assistants:

An Apple A Day Keeps the Doctor Away, and Compliance Can Protect You from the D.E.A.

If you are an MD, DO or PA, you worked very, very hard, for many, many years to earn your degree and license, and build your practice to success. You didn’t suffer through medical school or undertake grueling PA training in order to get indicted. So why let investigative priorities dictated by Washington politicians and bureaucrats, which translate into aggressive and sometimes reckless law enforcement activity, target you unfairly and threaten your life’s work?

It is a sad truth of healthcare practice today that providing patients with needed relief for severe, chronic or debilitating pain can be dangerous business. Dangerous because you have the D.E.A., the F.D.A., Medical Boards, state regulators and local law enforcement looking over your shoulder to see whether you are “prescribing without a legitimate medical purpose” or “practicing outside the accepted standards of medicine.” Who even knows what those vague statements mean in a given situation? Whose judgment should control – that of the healthcare professional, or of a federal agent without a day’s medical training?

As many questions as current law enforcement policy and practice beg, most healthcare practitioners are not prepared for the day when the D.E.A. shows up with a warrant, accusing them of being nothing more than highly educated drug dealers. Such heavy handed tactics – in use with alarming frequency across the country, and boasted of by law enforcement agencies – can rattle even the most ethical and seasoned practitioner.

Be ready. Be in compliance with the laws governing prescription of Schedule II painkillers and pain medication, and let the Meister Law Offices help. Do this before the door-knock, before the subpoena, before the administrative inspection, before the D.E.A. or its counterparts have made up their minds about you. You can’t necessarily stop the government from investigating you, but if you are in compliance with laws governing prescription of Schedule II painkillers and pain medication, you don’t need to stop anything. You need to prevail in the end, and the best chance you have is to be in compliance before the inquiry ever starts.

From patient intake to prescription practice, use of electronic databases to protect against doctor-shopping, from internal controls to ongoing government-sponsored training for you and your staff, we will tell you how you are in compliance, what areas might deserve additional attention, and how to maintain a compliant practice that serves your patients safely, ethically and properly within the meaning of the applicable criminal law.

Call the Meister Law Offices today at 213.293.3737 for a free consultation.

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