Representation for Drug Diversion Investigations

The prescribing, handling, and administration of drugs are an integral part of the practice of medicine as well as other healthcare professions, including dentistry, pharmacy, and nursing.  Statutes and rules regulating this area are numerous, complex, and scattered among several different state and federal code sections and rules.

Investigations involving the prescribing of medication often involve a practitioner who made an unintentional erroneous entry into the patient record or an unintentional omission from the chart.  When these errors come to the attention of the hospital or practice’s administration, the practitioner’s licensing board or other regulatory body, an investigation will likely ensue.  Often, there are instances of alleged Pyxis misuse, over-medicating or under-medicating patients accompanied by little to no documentation leading to potential allegations of drug diversion.

Another common problem area involves the dispensing of controlled substances.  Many physicians choose to dispense drugs directly to their patients from the office setting without fully appreciating the potential legal quagmire awaiting them when the strict dispensing procedures are not followed.  Failure to adhere to the numerous laws and rules governing dispensing will not only involve the Georgia Composite Medical Board, but will garner the attention of the Georgia Board of Pharmacy, and U.S. Drug Enforcement Administration.

In addition, some health care providers occasionally make poor choices and intentionally divert drugs for their own use via theft from the hospital or practice, prescription forgery, or other schemes.  Others may prescribe drugs for non-legitimate medical purposes or exchange prescriptions for money or other benefits, again triggering an investigation by one or more regulatory agencies.

Regardless of the circumstances, a practitioner who finds himself or herself the subject of a licensing board investigation involving allegations of drug use, misuse, inappropriate prescribing, diversion of controlled substances, or other practice issues involving drugs should seek competent and experienced legal counsel.  This means hiring the very best health care attorneys that are knowledgeable of the many laws, rules, and regulations governing such issues.

It is also important to seek legal counsel that is experienced and knowledgeable with the administrative legal procedures governing the licensing and disciplinary process associated with the various healthcare licensing boards, e.g. initial investigation, informal interviews before the board, administrative hearings, proposed and negotiated consent agreements, and board ordered mental/physical evaluations.

Experienced Attorneys for Drug Diversion Cases

The lawyers at Allen & McCain, P.C. understand how stressful such accusations can be and we also understand the process involved in mounting an appropriate and aggressive defense on your behalf.  If you are facing a serious allegation of drug diversion, misuse, or theft, contact our office today to speak with an attorney in complete confidence.  We can be reached at (404) 874-1700.

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Allen & McCain, P.C.
Two Midtown Plaza, Suite 1700
1349 West Peachtree Street, NW
Atlanta, GA 30309
Phone: (404) 874-1700
Toll Free: (888) 874-2002
Fax: (404) 874-1787
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