Mar 21, 2024

DEA Drug Diversion Lawyers

The Rise of Drug Diversion and Government Oversight

The upswing in opioid abuse has also led to an increase in criminal cases involving prescription medications. New laws and government oversight have far-reaching implications for patients who legitimately need treatment for severe or chronic pain and their doctors. It also means closer scrutiny of those suspected of illegal drug diversion.

Understanding Drug Diversion

Put simply, 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. This is a serious crime, and any charge of drug diversion means that you need a lawyer who’s experienced in this area of law.

Types of Drug Diversion

The various types of drug diversion include:

• Doctor shopping: This is the practice of going from doctor to doctor in an attempt to get multiple prescriptions under false pretenses. The DEA follows such individuals closely.
• Selling prescription drugs: When you sell your prescriptions or medication, even if they’re legally prescribed to you, you’re engaging in illicit drug trafficking.
• Online pharmaceutical sales: This has become a booming industry, especially from countries that have fewer restrictions over controlled substances. Individuals set up rogue pharmacies online in order to sell medications that are tightly regulated in the United States to patients without a legal prescription. They originate across borders to avoid state and federal regulations.
• Drug theft: Stealing a controlled substance from a manufacturing plant, robbing a pharmacy or medical facility, or stealing them from a legal prescription holder.
• Prescription fraud: This 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: Part of DEA oversight includes monitoring 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 sheer number of potential sources for drug diversion, the Drug Enforcement Agency (DEA) has developed a warning system to alert them to possible abuses. Rather than relying on informants, the DEA uses what are called ‘red flag’ indicators to identify doctors, nurses, pharmacists and others along the supply chain for further scrutiny.

Doctors may be unaware 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.

Examples of Red Flag Indicators

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 in New York

If you’ve been charged with a drug diversion crime in New York, contact the Spodek Law Group right away. Just like family, we’ll be there for you no matter what. You’ll receive a free initial consultation about your case, and we’re available 24/7.

{
“@context”: “https://schema.org”,
“@type”: “FAQPage”,
“mainEntity”: [{
“@type”: “Question”,
“name”: “What is Drug Diversion?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “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.”
}
}, {
“@type”: “Question”,
“name”: “What types of drug diversion exist?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “The various types of drug diversion include doctor shopping, selling prescription drugs, online pharmaceutical sales, drug theft, prescription fraud, and illicit prescribing.”
}
}, {
“@type”: “Question”,
“name”: “What is DEA Red Flag Investigations?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “Due to the sheer number of potential sources for drug diversion, the Drug Enforcement Agency (DEA) has developed a warning system to alert them to possible abuses. Rather than relying on informants, the DEA uses what are called ‘red flag’ indicators to identify doctors, nurses, pharmacists and others along the supply chain for further scrutiny.”
}
}]
}

Understanding DEA Drug Diversion and Its Consequences

The illegal distribution and abuse of prescription drugs is referred to as drug diversion. The experienced attorneys at Spodek Law Group 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, the best way to stay out of trouble is to find ways to prevent it. Drug diversion is preventable if certain precautions are made.

{ “@context”: “https://schema.org”, “@type”: “FAQPage”, “mainEntity”: [{ “@type”: “Question”, “name”: “What precautions can be taken to prevent drug diversion?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “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:

–Mediaid 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.

Charges and Legal Assistance

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 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 as soon as you can.

DEA Drug Diversion Lawyers