Illegal diversion of narcotics by healthcare providers is a nationwide law enforcement issue. In New York, the DEA has been targeting pain management practices that proscribe oxycodone in large quantities. On the regulation front, New York is one of 17 states that employ a prescription monitoring program. The DEA and New York State require pharmacies and physicians to maintain a record of all controlled substances he or she purchased. In addition to recording prescriptions and drugs purchased and dispensed, the DOH requires entities to safeguard and secure all controlled substances.
The Department of Health requires all entities to safeguard and limit access to controlled substances. Â Practitioners should limit access to the minimum number of employees actually required to handle the substances. Additionally, the DEA requires physicians to record all prescriptions administered and dispensed.
The DEA allows physicians to issue prescriptions only if the practitioner has registered with the DEA and has a registration number. The original prescription must contain the user’s specific information and instructions in regard to the drug administered. Practitioners who prescribe medications must maintain a record of all controlled substances he or she purchased and a record of any drugs the practitioner dispensed or administered out of his or her stock.
Fraud and deceit in the context of obtaining of controlled substances include obtaining or attempting to obtain controlled substances by use of fraudulent statements, addresses, or identifications. A finding that a physician violated the Public health law or DOH/DEA regulations make make the physician liable not only for for professional discipline but also in illegal diversion of narcotics, a crime punishable in state and federal courts. Punishments for illegal sale and possession of controlled substances include imprisonment and substantial fines. In the past several years the DEA and local law enforcement agencies in New York have been aggressively investigating pain management physicians whose practices mainly consist of prescribing oxycodone and other controlled substances. While in some case the DEA has compelling evidence of illegal drug diversion, in other cases they overstep their authority and accused physicians may successfully defend themselves.
If you are a New York physician being investigated for diversion of narcotics such as oxycodone or vicodine, call our New York physician defense attorneys at (212) 577-6677.
