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Lubell Rosen Win! Pill mill doctors, investor found not guilty on all charges

A federal jury in its third day of deliberations acquitted three doctors and one investor Thursday on charges they were involved in a multimillion-dollar pill mill.

Todd Perla, Marc Tafflin and Anthony Posca were accused of writing thousands of prescriptions for oxycodone as part of a scheme that made millions for the three pain clinics where they worked in Jacksonville. Jason Votrobek, an investor in one of the clinics, also was on trial.

Perla, Tafflin and Votrobek faced charges of conspiracy to manufacture and distribute controlled substances and money laundering. Posca faced the same controlled substance charge but was not indicted for money laundering.

“They were practicing medicine,” Posca’s attorney, Bernard Cassidy, said of the three doctors. “And the government couldn’t prove otherwise.” Read More...

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Pharmacy – The Next Wave of Enforcement

The first wave of enforcement in the quest by the State of Florida and the DEA to alleviate the problem of prescription drug abuse has focused largely on physicians.  Now, although the physician “pill mill” problem still receives a lot of attention, the State and DEA (while not doing victory laps yet) have cut substantially into the problem. Either by stopping or scaring out of business a large number of rouge pain management practices.

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Physicians Make Pledge To Stop Prescribing Oxycodone

In West Virginia, two physicians have started an advocacy grouptargeting physicians to pledge that their practices, in treating pain management, would not prescribe oxycodone in the course

of treatment. Citing the addiction potential for the drug and highlighting some of the more egregious cases of abusive prescribing, the physician’s pledge presents an interesting quandary.  The problem of oxycodone addiction in states like West Virginia are longstanding and well documented; in 2004, Purdue Pharma, the manufacturer of Oxycontin, settled a lawsuit with the State to settle claims that the company negligently marketed the drug, causing substantial addiction in the State.

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Florida Prescription Drug Monitoring Program Reporting Begins September 1, 2011

Beginning September 1, 2011 reporting for the much disputed and the long awaited Florida Prescription Drug Monitoring Program (PDMP) will go into effect; registration for the PDMP begins August 1, 2011.  On September 1, providers who dispense controlled substances will be required to electronically report prescription information within seven (7) days of dispensing any controlled substances.

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New Crimes Related To the Prescribing Of Controlled Substances Effective July 1, 2011 – Physicians

Amendments to the controlled substance laws related to the Florida Controlled Substance Act and Pain Management Clinic Act take effect July 1, 2011.  The law contains a number of criminal provisions related to the practice of medicine and osteopathy which practitioners should be aware of, including:

 Florida Statutes, §458.327 and 459.013 which contain penalties for violations of the medical and osteopathic licensing acts now include a third degree felony for the dispensing of controlled substances in schedules II and III by dispensing practitioners:

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Pain Management Regulation: Zoning Ordinances Tougher Than State Law

In June of 2011, Sarasota County passed a zoning law that not only expanded the State definition of a pain management clinic, but also set certain criteria for those pain management clinics.  In so doing, County officials determined that they would attempt to have one of the strictest such ordinances in the state.  Other counties are getting stricter than state authorities in the regulation of the practice of pain management.  Among the provisions in the Sarasotao ordinance are the requirement that pain clinics must check with the state Prescription Drug Monitoring Program prior to issuing a prescription and specific duties on pain management clinics not to permit patients or cars to linger outside their practices.

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State Goes After Doctor; Doctor Sues State

An Illinois doctor, lost his medical license in 2010 following investigations by state and DEA officials into his pain management practice.  Dubbed by the press Dr. Millionpills due to DEA testimony that the physician dispensed a million pills in a year, the doctor lost his license based upon allegations of overprescribing oxycodone and other controlled substances.   Now that doctor is suing the State of Illinois in what his law firm’s press release is calling a groundbreaking case challenging current enforcement efforts by the State of Illinois and the DEA.

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The Physician Legal Dilemma: Is The Pain And The Patient Real?

The legal environment surrounding the treatment of pain has placed greater scrutiny and therefore more responsibility on physicians with respect to the prescribing of controlled substances.  However, the fact that pain is so subjective is made difficult by the fact that most patients, whether or not they are suffering from addiction, generally want more medication rather than less.  Worse, the value of the medications physicians are prescribing make physicians frequent targets of diverters.

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Legislative Changes For Florida Licensed Pharmaceutical Distributors: 2011-141

Amendments to the controlled substance laws related to the Florida Controlled Substance Act and Pain Management Clinic Act took effect July 1, 2011.  The law contains a number of requirements as well as criminal provisions related to the pharmaceutical wholesale industry that will affect the way in which wholesalers do business.

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Quirks Of The Pain Management Clinic Law

An Ormond Beach, Florida physician was arrested on Thursday charged with issuing fraudulent prescriptions for controlled substances. Apparently the physician was using patient data to issue prescriptions for oxycodone and Xanax for himself.

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