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Unlawful Prescribing or Dispensing

January 7, 2025
Unlawful Prescribing or Dispensing
If you prescribe medications as a doctor or a physician’s assistant and know that the person doesn’t need the medication in one way or another, then you could be charged with unlawful prescribing. You could also be charged with unlawful dispensing of prescriptions if you fill those that aren’t legally written or if you make substitutions for prescriptions. An attorney can offer assistance if you have been charged with unlawful prescribing or dispensing. Most attorneys can represent doctors, nurses, pharmacists, and other professionals who work in this field. The first thing that you would need to do is gather the details about the prescriptions that you are said to have dispensed or prescribed. You also need to get together any information about the original prescription if there was one given to a patient.

Attorneys can represent people who have been accused by the Department of Health as well as local agencies. Assistance can be given to those who are under investigation by the Medicaid or Medicare Fraud Unit as well as the Drug Enforcement Unit. If you have received any charges from any of these administrations or offices, then you should consider seeking the assistance of an attorney who can help with a defense in order to keep your license so that you can continue prescribing medications or so that you face a lighter sentence compared to what you might if you didn’t have the help of an attorney. It’s important to give all of the facts about the situation to your attorney, especially if there’s a possibility that you have committed these acts.

One of the things to keep in mind about this type of allegation is that your attorney can assist with issues regarding your license. There are other infractions that your attorney can help with as well that aren’t as severe and sometimes won’t impact your license as much as unlawful dispensing and prescribing. Your attorney can go before a healthcare agency to discuss the charges and the details of what happened leading up to the charges. Most of the time, someone investigates your practice or business for some time in order to get the evidence needed to file charges.

Letters can be written about the business involving prescriptions and why these allegations could have been brought against you if there is no evidence. Attorneys can write letters for your support to show your intentions regarding prescriptions that were prescribed and dispensed. If you have had issues in the past with prescriptions, then your attorney can represent you with these charges as well so that they won’t impact the decisions made if other allegations are made. While talking to your attorney about your profession, you can discuss applying for a DEA number and what you need to do with that number once it’s obtained. You can be represented if you’ve been charged with prescribing more medications than what was originally on the order or prescribing narcotics when they are not needed or to those who don’t have the proper documents to get them.

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Todd Spodek

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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