Drug Enforcement Administration and Doctors' Rights
Due to the rising number of deaths involving prescription medications, the Drug Enforcement Administration has stepped in to address this problem. What is shocking is that the DEA is going after doctors who were prescribing these medications.
May 23, 2009 /24-7PressRelease/ -- Drug Enforcement Administration and Doctors' Rights
Article provided by The Law Office of Clyde M. Taylor Jr.
Visit us at www.cmtjrlaw.com
In the first half of 2008 (January-June) there were approximately 89,000 deaths in the state of Florida. According to the medical examiners 4,055 (4.6 percent) were drug-related. Drug-related is defined as drugs being the cause of death or merely present, in the system, at the time of death. This report also found that prescription drugs account for 73 percent of drug-related deaths.
Given the rising numbers of drug-related deaths involving prescription medications it is not surprising that the federal government chose to address this problem. However, what surprised some was that the Drug Enforcement Administration (DEA), as part of the Department of Justice went after doctors who were prescribing medications.
Whose Job is it Anyway?
Traditionally, it has been the responsibility of state medical boards to license doctors and to discipline those who break the law either through suspension or revocation of the doctor's license to practice medicine.
At the federal level, the Food and Drug Administration (FDA) is responsible for ensuring that drugs are safe and effective. The FDA tests new drugs and determines how they may be marketed, prescribed and used. In deciding whether to approve a new drug, the FDA does a benefit-to-risk analysis weighing the benefits of the drug against the drugs' potential risks. Potential for abuse is one of the risks evaluated. The FDA notifies the DEA of the drug's potential for abuse. The DEA monitors the distribution and prescription of these drugs and works to prevent their illegal use. Doctors must register with the DEA before prescribing drugs.
Under the Controlled Substances Act (CSA), drugs are put on a schedule according to the potential for abuse. Schedule I drugs have no approved medical use and a high potential for abuse (i.e. heroin, marijuana, LSD). Schedule II drugs have a high potential for abuse, have a currently accepted medical use and abusing these drugs can lead to severe psychological or physical dependence (i.e. morphine, oxycodone, amphetamines). Schedule III and IV drugs have approved medical uses and decreasing levels of potential abuse.
Pain Management
The problem of chronic pain is not new, neither is the most effective treatment of severe pain. Opioid painkillers are drugs derived from opium and similar synthetics. We have known for thousands of years that they are some of the most effective drugs for pain relief. They are also considered to have a high potential for abuse and are classified as Schedule II drugs.
Doctors have a responsibility to patients to effectively manage their pain. They have to walk a tightrope between those responsibilities and fear of prosecution. Some allege that DEA is trying to tell doctors how to practice medicine. Studies of doctors have shown that 40-50 percent report that fear of investigation affects how they treat chronic pain.
Pain Relief Promotion Act
In an effort to provide doctors with some guidance and assurance, the US Congress passed the Pain Relief Promotion Act of 2000. Among other provisions, it declared this the decade of pain management. As part of the findings, the bill states that inadequate treatment of pain is a serious public health problem and that doctors should not hesitate to dispense drugs when medically indicated. This legislation authorized programs to promote and advance scientific understanding of pain and provides for collecting that information and disseminating it.
Rx for Doctors
Unfortunately, doctors under investigation by the DEA can have a search warrant served at their office and home and all their computers and client files can be seized. Patient records from the targeted dates of wrongdoing can be seized and removed. A doctor would not be able to continue to treat his/her patients without patient records and may also be required to give up his/her DEA license to prescribe pain medications (narcotics).
The doctor may be charged with Medicare or Medicaid fraud, insurance fraud, illegal prescribing of drugs, falsifying medical or patient records or not having adequate records. Some doctors are charged with statutes intended to punish drug dealers and can face similar penalties (5-40 years in prison, or more). If they claim that death resulted from the doctor's actions, the potential penalties could be life in prison without parole.
If you are a doctor who suspects you are under investigation by DEA or state or local officials it is imperative that you consult with an attorney immediately. An attorney can not only advise you on the best way to protect yourself against potential charges but can also give you very practical advice to help you keep your medical practice operating. As a medical doctor, prescribing medications, it is important to know that you do have rights and protections under the law.
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