If you are a doctor who treats chronic pain patients, you may be prescribing strong opioid pain medications on a regular basis. If so, you must be aware of the strict state and federal laws that govern controlled substances and follow all laws and regulations controlling opioid prescriptions.
Despite being vigilant about adhering to all applicable laws and regulations, however, you may find yourself under investigation for illegally prescribing opioids. Knowing what to do if you are accused of illegally prescribing opioids is key to mounting a successful defense and protecting your medical license, reputation, and freedom.
In this blog post, we will look at the state and federal governments’ response to the opioid crisis and how that can impact doctors who prescribe opioids. We will then discuss what steps to take if you are being investigated for or charged with illegally prescribing opioids in Florida.
The Opioid Crisis and Pain Medication Restrictions
For some time now, state and federal law enforcement authorities have declared an “opioid crisis” in the United States. This “crisis” has arisen due to the widespread use of illicit opioid drugs such as heroin and the misuse of legal opioid pain medications such as oxycodone, fentanyl and hydrocodone. According to the U.S. Department of Health and Human Services, over 10 million people have misused prescription opioids in the past year, and as many as two out of three overdose deaths involve an opioid.
In response to the “opioid crisis” in the U.S., state and federal law enforcement and regulatory agencies have doubled down on their scrutiny of doctors who regularly prescribe opioid pain medications. As any physician who prescribes opioid medications already knows, they cast a wide net when looking for health care providers who overprescribe opioids or engage in other illegal prescription-related activities involving opioids. It has become increasingly common for doctors who prescribe pain medication to end up as a target of a state or federal criminal investigation and face criminal charges.
If that happens, your Florida license to practice medicine and your freedom could be threatened. Getting help as soon as possible from a Florida defense attorney with expertise in defending doctors accused of overprescribing medication is crucial for protecting your rights, your career and your future.
What Penalties Do I Face If I’m Accused of Illegally Prescribing Opioids?
Regardless of how an investigation is initiated, a physician who is accused of illegally prescribing opioids faces disciplinary action from the Florida Department of Health (FDOH) and criminal charges at the state and/or local level.
If an FDOH investigation determines that disciplinary action is warranted, you could face anything from a private reprimand to revocation of your license to practice medicine in the State of Florida. In addition, the FDOH may refer the case to the state or federal prosecutor’s office, which can lead to criminal charges being filed against you.
While a properly licensed physician may legally prescribe opioid medications, the federal Controlled Substance Act (CSA) makes it a crime to distribute, dispense, or possess with the intent to distribute, certain controlled substances, including opioids, outside the usual course of professional practice and without a legitimate medical purpose.
The Florida Comprehensive Drug Abuse Prevention and Control Act, the state’s counterpart to the CSA, also makes it a crime to knowingly sell, purchase, manufacture, or deliver a controlled substance; however, a physician, “in good faith and in the course of his or her professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance.”
A doctor who is found guilty of prescribing opioids “outside the usual course of professional practice and without a legitimate medical purpose” or who lacks “good faith” when prescribing opioids can face serious penalties, including a lengthy term of imprisonment and/or a sizeable fine.
What Should I Do to Protect Myself If I Am Accused of Illegally Prescribing Opioids?
As a doctor who is dedicated to alleviating suffering for those who live with chronic pain, it can be a frightening experience to realize that you are being accused of committing a serious crime. Whether this realization occurs because you are contacted directly by law enforcement authorities or because you receive a federal “target letter” telling you that a criminal investigation is underway, it is imperative that you act quickly to protect your rights and your future.
First and foremost, do not ignore a target letter or attempts to contact you by law enforcement officers. At the same time, do not respond or agree to speak with anyone until you have consulted with an experienced Florida prescription drug attorney. By involving an experienced attorney early on, you may dramatically decrease the likelihood of an investigation turning into formal criminal charges being filed against you.
You should also resist the temptation to discuss the investigation with anyone but your attorney. Communicating with others about your case can hurt you, since anyone you speak to could be forced to testify against you if you end up facing criminal charges. Also, you should never attempt to hide or destroy potentially incriminating evidence. Concealing or destroying evidence could lead to additional criminal charges.
Only discuss the accusations made against you with your attorney, who is ethically bound to keep your conversations confidential. Your attorney should also have the knowledge and experience to evaluate anything you believe may be damaging evidence and decide how best to handle it.
Protect Your Medical License, Career and Freedom with Legal Help from an Experienced Florida Prescription Drug Attorney
If you are a doctor accused of illegally prescribing opioids, you have a lot to protect, including your Florida medical license, your career and your freedom. Only a Florida defense attorney with experience defending doctors against federal and state prescription drug charges can successfully advocate on your behalf and defend you against both disciplinary action and criminal charges that could destroy your reputation and threaten your future.
Attorney Jonathan Rose has the experience, resources, and dedication necessary to help protect everything that matters to you. Contact Attorney Jonathan Rose today by calling 407-894-4555 or filling out the “Tell Us What Happened” form on our website.
