PA Supreme Court Extends Judicial Emergency - All Courts Closed to Public Through April 30 The Pennsylvania Supreme Court has directed that the general, statewide judicial emergency declared in March is extended through April 30, 2020, and all Pennsylvania courts...
Drug Crimes
Notice of a Federal Criminal Investigation into a Medical Practice
If a prescription is issued but fails to satisfy those standards to prescription, it is not valid under 21 USC § 842(a)(1), 21 USC § 829(a). These violations provide for a civil penalty under 21 USC § 842C1A of not more than $25,000 per prescription or no more than a total of $64,820 for all violations after November 2, 2015. The physician was also notified that if Medicare paid for any of the prescriptions under a federal healthcare program, the physician was subject to False Claims Act triple damages under 31 USC § 3729.
Pennsylvania’s New Opioid Treatment Agreement Law
On Nov. 27, 2019 Pennsylvania Governor Tom Wolf sign into law Act 112 of 2019. This is Pennsylvania’s Opioid Treatment Agreement Law. It took immediate effect. The law requires prescribers to enter into an opioid patient treatment agreement before issuing the...
Federal and State Laws Regarding Prescription Fraud
When the federal law is read in conjunction with Pennsylvania’s Code governing appropriate medical practices, prescriptions written without a medical basis or therapeutic need but for which the physician bills federal, state, or private insurance companies for both visits and reimbursement, the physician is exposed criminal liability. The criminal liability is both for insurance fraud and violation of the federal drug act.
Recreational Marijuana is NOT Legal in Pennsylvania
“Over the past several years, nearly half of our Sister States and this Commonwealth have legalized medical marijuana. Some States have also repealed their prohibitions against recreational use; Pennsylvania has not. A recent case emphasizes this point. In this...
Are doctors too worried about prescribing opioids?
The opioid crisis has everyone focused on what to do to stop it. While the origins of the crisis usually point to doctors in the 1990s, doctors today are serious about helping to end the issue. Legislators have also taken great lengths to help reduce the dependency on...
Crackdown on opioid crisis may reach medical professionals
In some respect, doctors, pharmacists, and certain other medical professionals have the legal authority to do what ordinary Philadelphia residents do not. That is, they may legally prescribe and help dispense federally controlled substances. When people outside the...
Drug Possession, Disorderly Conduct, Crimes of Moral Turpitude… Commonwealth Court Speaks Up
Today the Commonwealth Court issues another remarkable decision involving a Pennsylvania medical professional. Dunagan v. BPOA, 2019 WL 155879, is the third case in a row in which a Commonwealth Court panel has found a Pennsylvania medical related board engaged...
Licensure Applications — Disclosing a Record — Part 1 — The Cover Up is Worse than the Crime
Professional license applications require potential licensees disclose prior criminal convictions or open criminal cases. Current licensees seeking an additional license must also answer these questions. This self reporting obligations establishes a base level of...
Addiction is a common problem for American nurses
An informational article offered by Psychology Today suggests that around one out of every ten American nurses suffers from an addiction disorder and that their condition may affect their ability to care for their patients. Addiction is a serious medical condition...