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 Criminal Law
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...
PA docs risk penalty for overprescribing opioids
As the opioid crisis prevails, states have taken strict measures to reduce the use of these dangerous drugs. Attempts include limiting who may prescribe them, to what patients and in what doses, says Pharmacy Times. Massachusetts became the first state to restrict...
Reckless Prescribing and Death By Prescription
Every day medical practitioners confront complex and serious medical cases. Patients and their doctors face death every day of the week. In this opiate use and abuse environment, death is one pill, snort, injection, toke away. Doctors that prescribe heavy doses of whatever medication the patient request can be convicted of manslaughter.
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.
IMPAIRMENT PROSECUTIONS – SAFE TO PRACTICE- FULL SUSTAINED REMISSION
Alcohol abuse, prescription pain medicine abuse, sleeping pill abuse, Adderall and ADHD medication abuse. Medical providers suffer from these disorders. However, if you go to work every day and professionally perform your care giving responsibilities should you...
Pennsylvania Licensed Attorney Discipline in the Commonwealth of Pennsylvania
My licensure defense practice includes representing attorneys facing disciplinary process in Pennsylvania. Attorneys licensed by the Pennsylvania Supreme Court - whether practicing in Pennsylvania or not - are subject to discipline the same as other Pennsylvania...
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 2 — Evidence of Recovery, Rehabilitation, and Redemption
In my last blog I wrote about real estate applicant who failed to disclose on his Real Estate Commission application a criminal conviction. Upon discovery the Commission revoked his license and the Commonwealth Court approved of the action. Today's blog involves the...
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...