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In Brief: Florida Pain Management Clinic Laws

Every health profession has its own set of rules and regulations. This week, we’re examining Florida laws under which pain management clinics operate.

Because Florida has one of the worst drug trafficking problems in the country, law enforcement is making sure that punishments for any violations are severe. For example, if a patient dies of drug overdose and the prescriber is found to be responsible, he or she can be charged with homicide, which was the case for a Palm Beach County pain management physician (see this New York Times article).

The DEA, Florida Department of Health and Florida law enforcement are watching pain management clinics very closely in order to keep Florida’s drug trafficking problem under control. Make sure that your clinic abides by the following legislation, in order to prevent any interference with your practice.

The 2011 Florida Statutes

Section 458.3265, F.S.:

Definition of Pain Management Clinic:

“[…]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Categories: Department of Health, Health Care Industry, Pain Management, Pharmacy, The Health Law Firm Blog|Tags: department of health, florida, laws, pain clinics, pain management clinics, pill mills|4 Comments

Doctor Sentenced to Almost 27 Years in Prison for Pill Mill Charges

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A doctor was sentenced to almost 27 years in prison on July 24, 2013, according to the Sun Sentinel. The former doctor, Sergio Rodriguez, had worked as a pediatrician at Children Plus Health Center near Palm Beach County, Florida. He was charged with operating a pill mill out of his office. He pleaded guilty to four counts of manslaughter, four counts of conspiracy to traffic oxycodone, one count of racketeering and one count of money laundering.

Click here to read the entire Sun Sentinel article.

Doctor Prescribed Pain Pills to Undercover Detectives.

Dr. Rodriguez is accused of illegally prescribing pain killers out of his office. He was initially arrested in 2008. Investigators claim the doctor did not have the proper training to prescribe the pain medications, […]

CVS Refuses to Fill Prescriptions For Some Florida Doctors

The crack down on Florida pill mills continues with CVS pharmacies notifying some doctors that they no longer will fill their prescriptions for certain narcotic medications.

According to Health News Florida, this new policy appears to be limited to Florida, but CVS has not clearly stated what is being used to determine which doctors can have their prescriptions filled for which drugs (though oxycodone definitely appears to be a target).

The Florida Academy of Pain Management, released a letter via email alert that was sent by CVS to a Central Florida physician. The physician who received the letter had never been disciplined by state medical regulators and had extensive pain management training. The email alert, stated that CVS appears to “have initiated an internal program where they are profiling physicians’ controlled substance prescribing habits and possibly their patients’ prescriptions.”

A spokesperson for CVS said that the company is refusing to […]

By The Health Law Firm|2024-03-14T10:00:27-04:00June 1, 2018|Categories: Department of Health, Health Care Industry, In the News, Pain Management, Pharmacy, The Health Law Firm Blog|Tags: CVS, florida, pain clinics, pain management, pain physician, pill mills|Comments Off

Suspected Florida Pill Mills Continue to Attract Investigations

According to the Orlando Sentinel, some of the worst alleged pill mills in Florida are located in Orlando. At a small pain clinic near downtown Orlando and an affiliated office, one doctor prescribed more oxycodone during a three-month period in 2010 than all doctors in the state of California combined. Details about the clinic from former employees span a nearly 200-page affidavit filed in Orange County Circuit Court in the racketeering case against doctors and management of this pain clinic. The documents offer a rare glimpse inside the investigation.

In this case, agents examined bank records, Crimeline tips and records from the Medical Examiner’s Office. Additionally, FDLE and Metropolitan Bureau of Investigation agents gathered prescribing data from the U.S. Drug Enforcement Administration, pulled state corporation filings and viewed Department of Health records. Agents obtained the prescribing histories for 75 patients who got their drugs at […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Categories: In the News, Pain Management, Pharmacy, The Health Law Firm Blog|Tags: dea, florida, investigations, orlando, pain clinics, pharmacy|Comments Off

The DEA Attacks Legitimate Pharmaceutical Distributors, Starting with CVS Pharmacy and Cardinal Health

Earlier in February 2012, the DEA accused both CVS Pharmacy, one of the nation’s largest drug store chains, and Cardinal Health, one of the nation’s largest legitimate distributors of pharmaceuticals, of endangering the public by selling excessive amounts of oxycodone to four Florida pharmacies. For Cardinal Health, the charges came in an immediate suspension order served Feb. 3, 2012, when the DEA suspended Cardinal’s license to distribute controlled substances from its Lakeland, Florida location, which serves four states, according to USA Today. Lakeland is located between Orlando and Tampa.

Cardinal immediately challenged the suspension in federal court denying the charges. The DEA’s suspension was temporarily lifted and a hearing was scheduled in the federal district court in Washington, D.C. In preparation for the hearing, the DEA and Cardinal filed hundreds of pages of documents that provide a look into how prescription painkillers have infiltrated the black market. We are attempting to […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Categories: In the News, Pain Management, Pharmacy, The Health Law Firm Blog|Tags: cardinal health, CVS, dea, florida, investigations, orlando, pain clinics, pharmacy|1 Comment

Orlando Health Attorney Featured in Latest Issue of Medical Economics

Orlando, Fla. – March 15, 2012 – George F. Indest III, President and Managing Partner of The Health Law Firm, shares his knowledge of health law in the March 14 issue of Medical Economics. Mr. Indest was interviewed and quoted for an article concerning legal advice for primary care physicians who prescribe painkillers. In the article he provided information based on his experience in defending physicians charged with over-prescribing with the DEA and Florida DOH, Board of Medicine.

The article, “5 ways to avoid over-prescribing allegations,” includes tips written by Mr. Indest for physicians to follow if they practice pain management. The article can be read in its entirety here.

Mr. Indest is a well-known attorney specializing in the representation of health professionals and health care providers throughout Florida. His practice encompasses all aspects of health law, including pain management and pain medicine physician and clinic defense, […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Categories: Our Firm, The Health Law Firm Blog|Tags: health attorney, orlando health attorney, orlando health law, over-prescribing, pain clinics, pain management, physicians|Comments Off

Florida Pain Clinics Can Expect More Bullying From Law Enforcement

Florida pain clinics really began to feel the impact of becoming law enforcement’s newest target about one year ago. This was based in part on televison “magazine” shows and investigative reporters’ shows and articles publicizing many abuses by patients who were “doctor shopping” and physicians who were allegedly “over-prescribing.”

More regulations were enacted, and lawmakers approved severe penalties for doctors accused of over-prescribing, including prison sentences. Most physicians were banned from dispensing drugs in their offices, and the governor created a Florida drug “strike team” whose mission was to eliminate any pain clinics that were found to be suspicious. The Florida Surgeon General and the Board of Medicine made announcements about the “crackdown” on “over-prescribing.”

According to the Orlando Sentinel, since the implementation of the new pain management and prescribing laws, the Florida strike force has made thousands of arrests and seized millions of pills in an effort to curb alleged over-prescribing and […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Categories: In the News, Pain Management, The Health Law Firm Blog|Tags: attorney for pain management, florida pain clinics, pain clinic laws, pain clinics, pharmacy|Comments Off

Doctors and Nurse Practitioner Arrested in Prescription Drug Abuse Raid

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A crackdown on prescription drug abuse by New York law enforcement has resulted in the arrests of 98 people. Two doctors and a nurse practitioner were among those charged.

A series of raids were carried out by Brooklyn federal prosecutors, the Drug Enforcement Administration (DEA), district attorney’s offices, and local law enforcement agencies. The raids began June 5, 2012 and resulted in the arrests.

To view the DEA’s press release concerning the raid, click here.

Both Doctors Accused of Overprescribing.

One of the doctors is accused of conspiring to distribute oxycodone to patients that were not legitimate. Allegedly, the doctor surrendered his DEA registration. This terminated his authority to prescribe controlled substances such as oxycodone. However, he allegedly […]

By The Health Law Firm|2024-03-14T10:00:31-04:00June 1, 2018|Categories: DEA, The Health Law Firm Blog|Tags: controlled substances, dea, DEA emergency suspension, DEA investigation, DEA raid, doctor, drug enforcement administration, emergency suspension order, New York prescription drug abuse arrests, New York prescription drug crackdown, nurse, overprescribing, pain clinics, pain management, pharmacies, pharmacists, pharmacy, physician|Comments Off

Recent Pill Mill Bust in Florida Dubbed “Operation Pill Street Blues”

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A statewide pill mill bust that spanned several Florida cities was announced by the Drug Enforcement Administration (DEA) and Florida law enforcement on June 27, 2012. Seven doctors and seven pain clinic owners were arrested. The raid has been dubbed “Operation Pill Street Blues” by the DEA.

To view the DEA’s press release concerning the raid, click here.

Manslaughter and Trafficking Among Charges Against the Doctors and Pain Clinic Owners.

The doctors and pain clinic owners are facing a long list of charges. Some of the alleged offenses include: racketeering; conspiracy to commit racketeering; manslaughter; trafficking in a controlled substance; conspiracy to traffic in a controlled substance; delivery of a controlled substance; illegally prescribing a controlled substance by […]

By The Health Law Firm|2024-03-14T10:00:32-04:00June 1, 2018|Categories: DEA, The Health Law Firm Blog|Tags: controlled substances, dea, DEA emergency suspension, DEA investigation, DEA raid, doctor, drug enforcement administration, emergency suspension order, ESO, Florida prescription drug abuse, Florida prescription drug crackdown, nurse, Orlando DEA defense lawyer, overprescribing, pain clinics, pain management, pharmacies, pharmacists, pharmacy, physician, Pill Street Blues, prescription drug trafficking|1 Comment

Two Central Florida Physicians Connected to Statewide Pill-Mill Network

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

An Orlando and Jacksonville physician have been linked to a statewide pill-mill operation that brought in millions of dollars to pain clinic owners and doctors, according to the Orlando Sentinel. On June 27, 2012 seven doctors and seven pain clinic owners were arrested in the raid that was dubbed “Operation Pill Street Blues.” The two-year, multiagency investigation into the pill-mill operation spanned from Miami to Pensacola. The investigation included the Drug Enforcement Agency (DEA) and Florida law enforcement.

To view the DEA’s press release concerning the investigation, click here.

South Florida Firefighter Alleged Leader of Pill Mill.

Investigators named a 32-year-old Pompano Beach firefighter as the pill-mill’s ring leader. He allegedly used his image as […]

By The Health Law Firm|2024-03-14T10:00:33-04:00June 1, 2018|Categories: DEA, Department of Health, In the Know, In the News, Pain Management, The Health Law Firm Blog|Tags: controlled substances, dea, DEA emergency suspension, DEA investigation, DEA raid, doctor, drug enforcement administration, emergency suspension order, ESO, Florida prescription drug abuse, Florida prescription drug crackdown, nurse, overprescribing, pain clinics, pain management, pharmacies, pharmacists, pharmacy, physician, Pill Street Blues, prescription drug trafficking, Tag words: Orlando DEA defense lawyer|Comments Off