pharmacists | The Health Law Firm Blog

Multiple States Move to Enact New Laws Related to Controlled Substances

By Lance O. Leider, J.D., The Health Law Firm

In reports from both coasts, three states have recently made moves to tighten monitoring and prescribing of controlled substances. Legislators in California, Pennsylvania and Kentucky are contemplating new actions. Health professionals should take note, these prescription drug monitoring programs can, and will be, used as a prosecution tool.

Prescription Drug Monitoring Programs by State.

According to the Los Angeles Times, California is looking to utilize its prescription drug monitoring program CURES to find physicians who are a little too loose with the prescription pad. Lawmakers are contemplating mining the data compiled by CURES to find physicians who are overprescribing and take action against them. Click here to read the entire Los Angeles Times article.

The Pennsylvania house recently forwarded a bill from committee to the floor for a final vote. The bill would […]

Nation Rx Drug Abuse Summit Held in Central Florida-Leaders Share Struggles and Triumphs in “War Against Prescription Drugs”

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

From April 2 through April 4, 2013, the country’s leading experts on the prescription drug epidemic met in Central Florida for the National Rx Drug Abuse Summit, according to the Orlando Sentinel. National leaders including the White House drug czar, the director of the Centers for Disease Control and Prevention (CDC), U.S. Food and Drug Administration (FDA) commissioner and Florida’s Attorney General (AG) shared ongoing challenges and strides each department has made in its fight against prescription drugs.

Good News in the War Against Prescription Drugs.

The Florida Department of Law Enforcement (FDLE) stated in its semi-annual report that oxycodone-related deaths statewide dropped between January and June of 2012, compared to the same period of time in 2011. In the first half of 2012, there were […]

By The Health Law Firm|2024-03-14T10:01:39-04:00May 15, 2018|Categories: Pharmacist, Pharmacy, Pharmacy Law, Trafficking Prescription Painkillers|Tags: accidental overdose, administrative hearings, administrative law attorney, administrative law lawyer, controlled substances, defense attorney, defense lawyer, Department of Health (DOH), doctor, Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Florida health care lawyer, Florida health law attorney, Florida Office of the Attorney General (AG), Florida prescription drug abuse, Florida prescription drug crackdown, legal defense for doctors, legal defense for physicians, legal representation for doctors, legal representation for physicians, Medicaid Fraud Control Unit (MFCU), Medical negligence, opioid misuse, opioid use, oxycodone, pain management, pain pills, pharmacists, physician, physicians, pill mill, pill mill laws, prescription drug trafficking, prescription pain pill, prescriptions|Comments Off

Crackdown in the Supply of Prescription Medications Drive Floridians to Heroin

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

For the past three years, Florida lawmakers and officials have waged war against prescription drug abuse. At the peak of the pill abuse epidemic, seven people a day reportedly died of a prescription drug overdose in Florida. As the Sunshine State became known as painkiller capital of America, officials worked quickly to enact legislation against prescription drugs, develop and monitor the statewide prescription drug monitoring database, and crackdown on prescription drug abusers and pill mills. Flash forward to summer 2013, prescription pills are harder to come by and more expensive, therefore making them less appealing to addicts. However, that does not mean the war is over. Now addicts are finding their replacement fix in heroin, according to the Miami Herald.

Click here to read […]

By The Health Law Firm|2024-03-14T10:01:39-04:00May 15, 2018|Categories: Pain Management, Pharmacist, Pharmacy, Trafficking Prescription Painkillers|Tags: controlled substances, defense attorney, defense lawyer, Department of Health (DOH), doctor, drug addiction, Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Florida drug addiction, Florida health care lawyer, Florida health law attorney, Florida Office of the Attorney General (AG), florida pill mills, Florida prescription drug abuse, Florida prescription drug crackdown, heroin, legal defense for doctors, legal defense for physicians, legal representation for doctors, legal representation for physicians, opioid misuse, opioid use, oxycodone, pain management, pain pills, pharmacists, physician, physicians, pill mill bust, pill mill laws, pill mills, prescription drug crackdown, prescription drug trafficking, prescription drugs, prescription pain pill, prescription pills, prescriptions, the health law firm|1 Comment

The Collateral Effects of Voluntary Relinquishment with Investigation Pending or other Discipline on Your Massage Therapy License

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

Many massage therapists are unaware of the drastic long-term effects that discipline on their massage therapist license could have. This includes submitting a voluntary relinquishment of the massage therapist’s license while there is an investigation pending or while there are charges pending. Although this particular article is being prepared specifically for massage therapists, similar principles apply to physicians, nurses, pharmacists, psychologists, dentists, mental health counselors and other licensed health professionals.

A voluntary relinquishment of the license after notice of the opening of an investigation or while a charge is pending is treated the same as a disciplinary revocation of the license. It is reported out the same and is treated the same. In some cases it may even be worse, if the agreement […]

By The Health Law Firm|2024-03-14T10:01:46-04:00May 15, 2018|Categories: Department of Health Investigation, Emergency Suspension Orders, Florida Board of Massage Therapy, Massage Therapy, Massage Therapy License|Tags: administrative charges, administrative complaint, advanced therapy, back pain investigation, defense attorney, dentists, Department of Health (DOH), DOH investigation, election of rights (EOR), emergency suspension order (ESO), fake massage therapist, Florida Board of Massage Therapy, Florida College of Natural Health, formal hearing, human trafficking, Informal hearing, license investigation, licensed health professionals, licensed massage therapist, licensure defense coverage, massage therapist, Massage therapy, massage therapy defense, mental health counselors, neck pain investigation, neuromuscular therapy, nurses, pharmacists, physical therapy, physicians, psychologists, rehabilitation investigation, shoulder surgery investigation, sports medicine therapy, trigger point therapy|Comments Off

Nurse Practitioner Arrested in New York Crackdown on Prescription Drug Abuse

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

A New York law enforcement crackdown on prescription drug abuse has resulted in the arrests of 98 people. Among those charged are a nurse practitioner and two doctors.

Brooklyn federal prosecutors joined with the Drug Enforcement Administration (DEA), district attorney’s offices, and local law enforcement agencies, to carry out a series of raids that began June 5, 2012 and resulted in the arrests.

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

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 attempted to […]

By The Health Law Firm|2024-03-14T10:01:55-04:00May 15, 2018|Categories: Nursing Law Blog|Tags: controlled substances, dea, DEA emergency suspension, DEA investigation, DEA raid, doctor, drug enforcement administration, emergency suspension order, ESO, New York prescription drug abuse arrests, New York prescription drug crackdown, nurse, overprescribing, pain clinics, pain management, pharmacies, pharmacists, pharmacy, physician|Comments Off

New Regulations for Pain Management Clinics in Seminole County Coming

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

Seminole County, Florida, is the latest county to adopt tightened regulations for pain management clinics. On November 13, 2012, County Commissioners unanimously voted to adopt the ordinance enacting Chapter 186 of the Seminole County Code to establish regulations regarding pain management clinics.

Click here to read the entire Seminole County Ordinance.

County Commissioners hope these new regulations will aid law enforcement in fighting illegal pill mill operations in Florida.

Regulations In Place to Cut Down on Overprescribing.

The ordinance requires clinics to get a license, produce monthly reports on how many prescriptions are issued for controlled substances and report patient information, such as a patient’s address. This only applies to practices where doctors issue prescriptions for painkillers […]

By The Health Law Firm|2024-03-14T10:01:08-04:00May 15, 2018|Categories: Pain Management, Trafficking Prescription Painkillers|Tags: controlled substances, defense attorney, defense lawyer, Department of Health (DOH), doctor, florida pill mills, Florida prescription drug abuse, Florida prescription drug crackdown, nurse, Osceola County pill mills, overprescribing, pain clinics, pain management, pharmacies, pharmacists, pharmacy, physician, pill mill, prescription drug monitoring program, prescription drug trafficking, Seminole County pain clinics, Seminole County pill mills|Comments Off

California, Pennsylvania and Kentucky Move to Tighten Laws Related to Controlled Substance

By Lance O. Leider, J.D., The Health Law Firm

In reports from both coasts, three states have recently made moves to tighten monitoring and prescribing of controlled substances. Legislators in California, Pennsylvania and Kentucky are contemplating new actions. Health professionals should take note, these prescription drug monitoring programs can, and will be, used as a prosecution tool.

Details of the Prescription Drug Monitoring Program Possibly Coming to Your State.

According to the Los Angeles Times, California is looking to utilize its prescription drug monitoring program CURES to find physicians who are a little too loose with the prescription pad. Lawmakers are contemplating mining the data compiled by CURES to find physicians who are overprescribing and take action against them. Click here to read the entire Los Angeles Times article.

The Pennsylvania house recently forwarded a bill from committee to the floor for […]

Out-of-State Compounding Pharmacies May Need a Permit To Do Business in Florida

By Lance O. Leider, J.D., The Health Law Firm

Beginning on October 1, 2014, out-of-state compounding pharmacies may be required to hold a compounded sterile product permit. That’s because the Regulated Industries Committee of the Florida Senate voted on March 13, 2014, to approve a bill increasing the restrictions on out-of-state compounding pharmacies that ship medications into Florida. These increased regulations would apply to around 300 compounding pharmacies shipping medicine to Florida.

The bill was introduced to increase standards for compounding pharmacies that create medications that are tailored to the needs of individual patients. Currently the bill is out for reference review. Considering that this is a hot issue in Florida and nationally, we expect the bill to pass.

Click here to read the entire bill.

Requirements Under the New Bill.

The bill requires out-of-state compounding pharmacies to hold a compounded […]

By The Health Law Firm|2024-03-14T10:01:16-04:00May 15, 2018|Categories: Compounding pharmacy, Florida Board of Pharmacy, Pharmacy, Pharmacy Law|Tags: 2014 Florida legislature, compounded medications, compounding pharmacy, compounding pharmacy permit, defense attorney, defense lawyer, department of health, doh, drug recall, Florida compounding pharmacy, florida department of health, Florida legislature, Florida pharmacist, Florida pharmacy, health law firm, licensing issues, out-of-state compounding pharmacy permit, permit to ship to Florida, pharmacies, pharmacist, pharmacist attorney, pharmacist lawyer, pharmacists, pharmacy, pharmacy attorney, pharmacy compounding sterile products, the health law firm|Comments Off

Florida Toughens Up Drug Compounding Law for Out-of-State Pharmacies

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

A new, stricter law on Florida’s compounding pharmacy industry took effect October 1, 2014.
The new law increases the restrictions for out-of-state compounding pharmacies and outsourcing facilities that ship medications into Florida. The law also gives the Florida Board of Pharmacy and Florida Department of Health (DOH) more power to oversee and penalize these companies. Click here to read the new law.

The law was enacted to increase the standards for compounding pharmacies that create medications that are supposed to be tailored to the needs of individual patients. In an effort to prevent another nationwide outbreak of fungal meningitis, similar efforts to tighten control on compounding pharmacies have been implemented by other states across the country. Click here to read […]

By The Health Law Firm|2024-03-14T10:01:18-04:00May 15, 2018|Categories: Compounding pharmacy, Florida Board of Pharmacy, Florida Legislature|Tags: 2014 Florida legislature, compounded medications, compounding pharmacy, compounding pharmacy permit, defense attorney, defense lawyer, department of health, doh, drug recall, Florida compounding pharmacy, florida department of health, Florida legislature, Florida pharmacist, Florida pharmacy, health law firm, licensing issues, out-of-state compounding pharmacy permit, permit to ship to Florida, pharmacies, pharmacist, pharmacist attorney, pharmacist lawyer, pharmacists, pharmacy, pharmacy attorney, pharmacy compounding sterile products, the health law firm|Comments Off

Selling Tobacco Can Get You Penalized By Insurance Panels

By Lance O. Leider, J.D., The Health Law Firm

Beware: selling cigarettes could burn a hole in your pocket.

The CVS Health Corporation (CVS), the nation’s second-largest drug store, is currently in the midst of launching a tobacco-free prescription-drug network. The company announced in October 2014, that it will begin offering a tobacco-free pharmacy plan to employers, unions, and insurance companies for which its Caremark arm manages prescription benefits. CVS is slapping patients with an extra co-payment “penalty” if they purchase their medications from pharmacies that sell tobacco products, regardless of whether the patient is a tobacco user.

According to US News, by adding a variable co-payment of up to $15, CVS hopes that this new strategy, comparable to a narrow network insurance design, will perpetuate the company’s health-and-wellness based initiatives.

The new network will start in 2015. Customers […]

By The Health Law Firm|2024-03-14T10:01:18-04:00May 15, 2018|Categories: Florida Board of Pharmacy, Insurance, Insurance Network Plan, Pharmacist, Pharmacy, Pharmacy Benefit Manager, Prescription-Drug Network|Tags: CVS pharmacy, drug store, health insurance, health insurance plans, narrow network plan, pharmacist attorney, pharmacist lawyer, pharmacists, pharmacy, pharmacy attorney, pharmacy lawyer, prescription benefit manager (PBM), prescription drug network, prescription drug plan, prescription network, tobacco-free, tobacco-free network|Comments Off