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Understanding Drug Diversion: The Legal Landscape Explained

The illegal distribution and abuse of prescription drugs is referred to as drug diversion. The experienced attorneys at Spodek Law Group P.C. understand the laws regarding DEA drug diversion, which makes them vital in a case like this. It should be noted that drug diversion also includes any use that deviates from what the prescriber intended. Diversion of prescription drugs could happen at any distribution point such as when it is manufactured, transferred, sits in a pharmacy, or is given to the patient.

Common Types of Drug Diversion

There are a number of drug diversions that are normally enacted, which are the following:

  • Prescription drug sale: DEA officers investigate individuals who are suspected of selling drugs that were purchased legally.
  • Doctor trade: DEA agents also pay attention to individuals who try to get different doctors to prescribe controlled substances using questionable methods.
  • Illegitimate online pharmacies: Illegal online entities escape regulations and sell prescription drugs with no prescription.
  • Prescription theft: Prescription drugs are stolen at any point in the supply chain and are a major source of problems for the DEA, especially now when the country is experiencing a major addiction epidemic.
  • Pad theft: Many people steal or print prescription pads to get these drugs.
  • Pill mills: The DEA tracks provider's behavior for suspicious prescribing if they seem excessive or unnecessary.

Ways to Prevent This Issue

As any good lawyer will say, like those working at the Spodek Law Group P.C., the best way to stay out of trouble is to find ways to prevent it. Drug diversion is preventable if certain precautions are made.

  • It is vital to exercise some caution when patients start requesting drugs. This is especially true if the drug requests begin to focus on additional side effects, which creates a larger lists of drugs.
  • Practitioners need to make sure that documentation on a patient taking drugs or asking for drugs is extensive just in case. Make sure that old and new prescription pads are safely put away.
  • The DEA and license number needs to remain confidential. Any suspicions that this data has been compromised must be reported immediately.
  • Prescriptions need to be written clearly to prevent fraud.
  • Switch to electronic prescriptions that crack down on paper forgery.
  • Ask patients to bring back any unused drugs to the office to be discarded properly.
  • Open communication between doctor, manufacturer, and pharmacist is vital to crack down suspicious activity.

Taking active steps to prevent prescription drug abuse is vital because many families are being destroyed due to addiction. Some people are overdosing while others are turning to crime to get the drugs they are addicted to and that is no good.

Consequences for Drug Diversion

The following are some consequences that one might face:

  • Medicaid and Medicare can terminate or suspend payments to doctors who have broken these laws or are suspected of breaking the laws.
  • Drug diversion is a felony in most states, so you can be put in prison and be forced to pay a number of fines.
  • Sanctions can be imposed as well as other actions, such as recoupment or the suspension of your license.

Several states have been taking different actions to try to figure out how to deal with drug diversion. It is an illegal market that continues to cause problems throughout the country, including New York. This is one reason why DEA investigators have been busy throughout the country, mostly focusing on the health care representatives themselves since many have been found fulfilling prescriptions that shouldn't have been completed.

Those who were charged with drug diversion could be facing serious criminal charges. Some people could be facing state licensing problems, which can have a major effect on your life. No matter what consequences you are facing, you need to make sure you have the right lawyer on your side. This is where the Spodek Law Group P.C. can be of some assistance. Physicians, nurses, and pharmacists are usually the people charged with these types of crimes. These professions help others in many ways, and it would be a shame if you did not fight for your livelihood. Consult one of the experienced attorneys at Spodek Law Group P.C. as soon as you can.

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