Presentation to the Capital Medical Society: The Legal Dangers of Prescribing Controlled Substances

Our Firm is honored to be presenting sponsors of the Capital Medical Society (CMS) in Tallahassee where our headquarters is located. One of the Firm’s health care attorneys, John Wilson, gave a presentation at last night’s membership meeting on “The Legal Dangers of Prescribing Controlled Substances.”

The main event was a presentation by Matthew T. Standridge, M.D., F.A.A.F.P., and the title of his presentation was, “Caring for Patient’s with Opioid Use Disorder: Evidence-Based Practice, Legal Considerations, and Compassionate Care.”  After his remarkable presentation, CMS held a panel discussion where the audience was able to participate in a Q&A session with the panel members. The members included Dr. Standridge and the following:

• Jessica Yeary, B.C.S., Public Defender, Second Judicial Court
• Lori Harrison, A.P.R.N., Disc Village
• Jimmy Melin, Recovery Coach, NWF Health Network
• John L. Meade, M.D., 2026 CMS President

In keeping with the topic of last night’s meeting, Mr. Wilson talked about legal ramifications of pain-management and prescribing controlled substances in Florida.  His presentation included coverage of section 458.331(1), Florida Statutes which includes strong language and states that, “it shall be legally presumed that prescribing and dispensing controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician’s professional practice, without regard to his or her intent.” He explained that means if the Board of Medicine thinks you gave out to much pain medication, you are subject to discipline.  Despite doing your best for the patient, sometimes doing your best is not enough.

Mr. Wilson also talked to about special considerations when prescribing controlled substances for acute pain with attention to those patients at risk for misuse or diversion.  Acute pain is defined in law, section 456.44, Florida Statutes, and “means the normal, predicted, physiological, and time-limited response to an adverse chemical, thermal, or mechanical stimulus associated with surgery, trauma, or acute illness.” The law also requires physicians to develop a written plan for assessing and managing a patient’s pain and assess the patient’s for “aberrant drug-related behavior.”  Mr. Wilson stated that when a physician prescribes controlled substances, the physician is no longer just a physician.  This physician is now also a probation officer and must monitor compliance with medication usage. This means drug testing of the patient. It also means extra care, extra monitoring and extra documentation for at risk patients.

Mr. Wilson said we are not in the middle of the “pill mill” crisis anymore, but physicians still get behind on notes, still become complacent, and still risk losing their licenses.  There is at least one case at each Board of Medicine meeting for over or inappropriate prescribing.

If you need individualized brush up on practices and compliance or if ever accused of over or inappropriate prescribing of controlled substances, absolutely contact a health care attorney, like the ones at Howell, Buchan & Strong.