How Can Medical Professionals Avoid Accusations of Drug Diversion?

 Posted on May 26, 2021 in Professional License Defense

Doctors, nurses, pharmacists, and other medical professionals can face a great deal of scrutiny as they provide services to patients, especially when they prescribe or dispense controlled substances. In some cases, a professional may be accused of drug diversion, in which controlled substances are provided to patients for non-medical purposes or allowed to be illegally sold or delivered outside of the medical supply chain. Drug diversion is a serious offense, and it may lead to the suspension or revocation of a provider’s DEA registration, as well as the loss of a medical license, criminal charges, and other penalties. To avoid these types of consequences, medical professionals will want to make sure they are following the correct policies and procedures regarding controlled substances.

Preventing Drug Diversion

In many cases, a provider is accused of drug diversion based on their practices of prescribing or dispensing controlled substances to patients. To avoid these types of accusations, providers will want to be aware of how patients may attempt to obtain illegitimate prescriptions for controlled substances. A patient may show exaggerated symptoms or provide unconvincing explanations for why they need to receive a prescription in a short amount of time, or they may not cooperate with medical exams or allow a doctor to review their medical records. Patients who have specific requests for certain types of drugs or who seem to have extensive knowledge about a particular medication may be looking to obtain controlled substances for non-medical purposes.

When prescribing drugs, providers will want to make sure they fully evaluate patients to determine their pain medication needs. They should also use alternative pain relief treatments whenever possible and require patients to agree to pain management contracts to minimize the possibility of drug abuse. By following the requirements of their state’s Prescription Drug Monitoring Program (PDMP), medical professionals can avoid claims that they have issued illegitimate prescriptions for controlled substances.

Medical professionals will also want to take steps to prevent possible drug diversion by staff members. With the proper security measures in place, a provider can prevent the theft of controlled substances or prescription pads. In some cases, staff members may use the wasted portion of a dose for personal purposes or administer substitute substances to patients and keep a controlled substance for personal use. These issues can be prevented by ensuring that staff members follow the proper procedures when administering or disposing of drugs.

Contact an Illinois Drug Diversion Defense Attorney

If you are being investigated by the DEA for drug diversion, or if you are concerned about the possible loss of your DEA registration or your medical license, The Law Offices of Joseph J. Bogdan, Inc. can provide you with legal help and representation. To learn how we can help you address issues related to controlled substances, contact our Illinois DEA registration defense lawyer at 630-310-1267 and set up a free consultation.

Sources:

https://www.aafp.org/journals/fpm/blogs/inpractice/entry/medication_diversion.html

https://www.hhs.gov/guidance/sites/default/files/hhs-guidance-documents/DrugDiversionFS022316.pdf