Last Updated on: 26th July 2023, 08:28 pm

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.

The Various Types of Drug Diversion

The different types of drug diversion include doctor shopping, selling prescription drugs, online pharmaceutical sales, drug theft, prescription fraud, and illicit prescribing.

Doctor shopping is 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 is 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 can audit your practice for indicators and devise changes to help you meet compliance. Here are some things that could draw attention to your office:

• • Your practice only accepts cash
  • Lack of insurance billing
  • A high incidence of Schedule I or II drugs relative to other types of medications
  • Patients routinely fill their prescriptions in another town
  • High number of out of state patients
  • You’re not board-certified or you practice out of your area of specialty
  • Large number of patients from the same family in treatment
  • Lack of referrals or alternative treatments like physical therapy for pain management
  • Patients travel a long distance to visit your practice
  • Large number of doctor shoppers among your patients
  • Higher than usual number of patients seen per day relative to similar practices in the same area
  • Large number of marketers driving groups of patients to your practice for treatment
  • Lack of proper medical equipment or support staff in the office
  • Unusual or long office hours

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, 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

At Spodek Law Group, 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 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.