Just a few years ago, Florida was the unofficial pill mill capital of the country with 93 of the top 100 oxycodone-dispensing doctors in the United States.

Oxycodone, a powerful narcotic intended to treat intense, short-term pain, was being passed out like candy as part of a prescription cocktail that was popular with addicts. It was being abused in all corners of Florida, which had become a destination for pill users from states with tougher regulations.

In early 2011, law enforcement began aggressively cracking down, using laws against street drugs to prosecute doctors. Pain clinics were investigated and raided. Drug-dealing doctors were put on trial and sent to prison. Among the actions was “Operation Pill Nation”, led by the Drug Enforcement Administration and targeting rogue pain clinics in Florida.

Then, with a push from Attorney General Pam Bondi, the state Legislature passed several measures directed at the problem, and Gov. Rick Scott signed the bills into law, although he insisted on some limits.

Under the new laws, doctors were no longer allowed to dispense the most abused pills; penalties were stiffened for doctors who over prescribed. Pharmacists had to log them in a statewide database controlled by the Department of Health.

While many of the more egregious pain clinics have been closed, and their owners prosecuted, the campaign by law enforcement continues, sometimes against doctors operating legitimate pain clinics.

Federal and state narcotics investigators frequently use their administrative powers to force their way into clinics and monitor prescribing habits.  It rarely begins with the police knocking on the door of your practice and if the police, DEA or other federal and state investigators have “raided” your practice with a search warrant, you should know their investigation is almost at its conclusion.

If you are raided by the DEA, local police, drug task force or other enforcement agency, there are several key things that an experienced criminal defense attorney can help you do in the first 24-48 hours following a raid that may improve your success in defending charges that will likely follow a raid. It is imperative you retain a criminal defense attorney to aggressively defend you from the start to ensure that you are protecting your rights at every stage of the “audit”, or investigation, and may prevent criminal charges from ever being filed.

Proving Drug Trafficking Against a Doctor

A doctor is guilty of criminal conduct if he or she prescribes without a “legitimate medical purpose” and outside the “usual course of his professional practice”, according to federal standards. This standard has the effect of essentially enumerating the standard of care and making departures from the standard of care a potentially criminal offense.

State standards vary widely from making simple departures from the standard of care and state administrative rules criminal to requiring an “intent” to traffic in narcotics.

Common Criminal Charges Against Pain Clinics

Drug Trafficking: Prescribing controlled substances; without medical necessity or prescribing without a “legitimate medical purpose”; and
prescribing outside the “usual course of his professional practice”.

RICO: Conspiracy between two or more people working together to perform a legal act by illegal means or an illegal act. This is a common charge if there is more than one doctor working at the pain clinic or if other doctors are referring a large number of patients to the pain clinic under investigation.

Health Care Fraud: Doctors may face health care fraud charges if they are accused of over prescribing to Medicare or Medicaid patients and they aided the patient in the authorization of prescriptions reimbursement by Medicare or Medicaid.

Federal investigators use CMS data, state automated prescription systems data collected from health insurers, and other electronically stored data to look for statistical deviations in prescription habits. Once these are found, the state will usually begin an audit and look deeper into prescription habits to see if a “pill mill” is being operated. Undercover agents from the State or informants may come into your clinic or make contact with existing patients to assure the investigation is solid. This will ultimately provide authorization of a “search warrant” and your pain clinic may be “raided”.

Obtain Legal Assistance

If you or someone you know is accused of a Federal or State crime, it is imperative that you work with an attorney who has experience in these cases. Charles G. White has represented hundreds of clients in Federal and State Courts throughout the United States. He has the experience and knowledge essential to obtain the best possible result. Charles G. White. He has over 34 years of experience with these types of cases and will defend you and your rights.