The Devastating Effects of Drug Diversion on Patients and Society
The opioid epidemic has wreaked havoc on communities, causing an upswing in opioid abuse, and leading to an increase in criminal cases involving prescription medications. The government has responded with new laws and stricter oversight, which have far-reaching implications for patients who legitimately need treatment for severe or chronic pain and their doctors. However, closer scrutiny of those suspected of illegal drug diversion has also become a necessary measure.
What is Drug Diversion?
Drug diversion is the illegal use, trading, or sale of prescription medications. Any misuse of a prescription or prescribed medicine could be considered drug diversion. That includes abusing your own medications or giving them to someone else. Drug diversion is a serious crime, and any charge of drug diversion requires the services of a seasoned lawyer, like Attorney Todd Spodek, who has extensive experience in this area of law.
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The Various Types of Drug Diversion
The different types of drug diversion include:
- Doctor shopping: the practice of going from doctor to doctor in an attempt to get multiple prescriptions under false pretenses. The DEA closely monitors such individuals.
- Selling prescription drugs: engaging in illicit drug trafficking even if the drugs are legally prescribed to you.
- Online pharmaceutical sales: have become a booming industry, especially from countries that have fewer restrictions over controlled substances. Rogue pharmacies are set up online to sell medications that are tightly regulated in the United States to patients without a legal prescription.
- Drug theft: involves stealing a controlled substance from a manufacturing plant, robbing a pharmacy or medical facility, or stealing them from a legal prescription holder.
- Prescription fraud: can involve anything from using someone else's prescription to stealing prescription pads from a doctor's office or clinic and forging a prescription.
- Illicit prescribing: is part of DEA oversight, which monitors doctors who prescribe medically unnecessary medications or who write an unusually large number of prescriptions for commonly abused medications. Such medical practitioners are suspected of running an illegal 'pill mill.'
DEA Red Flag Investigations
Due to the vast number of potential sources for drug diversion, the Drug Enforcement Agency (DEA) has developed a warning system to alert them to possible abuses. The DEA uses 'red flag' indicators to identify doctors, nurses, pharmacists, and others along the supply chain for further scrutiny.
Doctors may not be aware of DEA scrutiny or the fact that some of their practices are considered red flag indicators until their practice is raided. A drug diversion lawyer from Spodek Law Group P.C. can audit your practice for indicators and devise changes to help you meet compliance.
Implications for Drug Manufacturers, Medical Practitioners, and Pharmacists
All doctors and pharmacists have a duty to report any suspicious behavior from staff or patients. Under the Affordable Care Act, practices suspected of engaging in drug diversion could have Medicaid reimbursement suspended. They may also be terminated from participation in Medicaid or Medicare. Anyone found guilty of drug diversion faces fines, restitution, imprisonment, and loss of their medical or pharmaceutical license. You're also legally required to report suspected drug diversion, thefts, break-ins, or missing medications to the DEA.
DEA Diversion Lawyers
If you're facing charges related to drug diversion, it is essential to consult with an experienced lawyer who can help protect your rights and defend your case. The Spodek Law Group P.C., led by Attorney Todd Spodek, has the expertise necessary to navigate the complex legal system surrounding drug diversion cases in New York. Our team will work tirelessly to provide you with the best possible defense and ensure that your legal rights are protected every step of the way.
Why Choose Spodek Law Group P.C.
At Spodek Law Group P.C., we understand the emotional toll that drug diversion cases can have on our clients. We are here to support and guide you through this challenging time, utilizing our legal expertise to build a strong defense for you. We will take the time to understand your case, analyze the evidence against you, and craft a defense that is tailored to your unique situation.
Our team of skilled lawyers has a deep understanding of the law and a proven track record of success in drug diversion cases. We will fight tirelessly to protect your rights, reputation, and freedom.
Contact Us Today
If you or a loved one is facing charges related to drug diversion, don't wait to get the legal help you need. Contact the Spodek Law Group P.C. today for a free initial consultation with one of our experienced drug diversion lawyers. We're available 24/7 and are committed to providing you with the best possible legal representation.