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June 14, 2010

City Counsel Plans to Restrict Pain Clinics in Satellite Beach, Florida

In Satellite Beach, Florida the city council is preparing to pass ordinances that will control the business operations of newly established pain clinics. While not criminal in nature, these ordinances will call for implementation of accounting procedures that will provide police with daily reports regarding prescriptions, dosages, and the states of residency for patients treated. Clinics who fail to comply will likely face fines and the possibility of losing their operating license.

While these ordinances are well intentioned, they may not be lawful if they include patient names, addresses, social security numbers, or other such personal data. Specifically, these ordinances may violate the Health Insurance Portability and Accountability Act (HIPAA). Enacted by the U.S. Congress in 1996, HIPAA protects patient health information from disclosure to third parties.

If the new law does not require clinics to disclose the names and biographical information of patients, what value does the ordinance have to law enforcement? If police do not know who has received the pills in question, what good is knowing that pills were dispensed? For this information to have any value to law enforcement, names will need to be submitted.

On the other side of the token, if police did know the names of patients treated, what good would that do anyway? Receiving pain medication pursuant to a valid prescription from a pain clinic is not illegal.

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June 11, 2010

Nine Arrested in Palm Beach for Trafficking in Oxycodone

Teresa Acosta has been arrested in Palm Beach, Florida for allegedly writing fake prescriptions for a group of people who used them to illegally obtain oxycodone. Also arrested were: Rachel Soobitsky, Louis Espinosa III, Derek Lee Hewitt, Brian Barnes, Christopher Griffths, Casey Echerri, Maria Teresa Bianchi, and Shaun Garceau.

It is presently unknown what bond has been set on each of these people.

When someone is arrested for trafficking in oxycodone, they are immediately subjected to the possibility of a very stiff prison sentence. Depending on the quantity of drugs involved, the minimum mandatory prison sentence may be very high.

Regardless, this case presents a lot of opportunity for criminal defense lawyers. First and foremost, it will be necessary to figure out who did what and who was the boss. Given the very large size of this group, there is no doubt that prosecutors will try to "flip" at least one or two minor participants against the others.

In exchange for their cooperation and testimony, prosecutors may offer reduced sentences. However, there are times where such deals are not on the table. Given the number of people involved, this ring was likely busted by someone already cooperating with the police.

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March 4, 2010

DEA Raids Three Pain Clinics in Palm Beach County, Florida

Law enforcement is finally taking a stand against the outrageous pain pill epidemic in South Florida. Just yesterday, agents from the DEA, accompanied by deputies from the Broward Sheriff's Office and the Palm Beach Sheriff's Office, raided American Pain located in Lake Worth, Florida, Executive Pain located in West Palm Beach, Florida, and the East Coast Pain Clinic also located in West Palm Beach, Florida. These clinics are owned or operated by two twenty-nine year old twin brothers: Christopher George and Jeffrey George.

According to the Miami Herald, the agents and deputies seized boxes of records after serving search warrants on the clinics.

This case presents an interesting issue regarding the pain pill epidemic and prosecution of the pain centers. On the one hand, law enforcement should clearly be going after the source of the pills. At the present time, law enforcement has only pursued the end users. In many cases this has resulted in stiff prison sentences and probation for people who amount to nothing more than addicts.

On the other hand, pain clinics are entirely legal in Florida. Why should a doctor or a pain clinic owner be prosecuted criminally for doing something that is entirely legal?

The answer lies in the legitimacy of the medical treatment being provided by the pain centers. If law enforcement can prove that doctors have prescribed pain pills to people who have no legitimate medical need for them, then a criminal prosecution for fraudulent prescription writing may be viable. Pain doctors should also be investigated for prescribing narcotics in an escalating fashion. If there is no legitimate need to increase dosage or frequency, then these doctors are doing nothing more than making patients into addicts... which makes perfect sense since many of the same pain clinics that write the prescriptions also sell the pills!

Doesn't that sounds like a conflict of interest to you?

One must also wonder about the pharmacists who fill these prescriptions. How many months have to go by before a pharmacist refuses to fill a prescription for a young, able bodied patient who presents ever increasing prescriptions month after month with no end in sight? Some patients take over 300 Oxycontin pills a month... that is over 10 pills a day or a pill every other hour! At what point does a pharmacist have a duty to step in and call an addict out for what he really is?

Ultimately, new legislation will be required to fix this epidemic. If I could make a recommendation to the Florida Legislature it would be to do two things. First, they should ban pain clinics from both writing prescriptions and dispensing pills at the same time. The conflict of interest is clear.

Second, the Legislature should create a statewide prescription database. Creating the database is easy and cheaper than arresting, jailing, and prosecuting offenders. It could be maintained using cloud computing and would be accessible only by licensed doctors, pharmacists, and law enforcement. This system would mirror the "D.A.V.I.D." system used by the Florida Department of Highway Safety and Motor Vehicles to keep track of driver licenses and vehicle registrations.

Simply put, doctors would logon to the system and upload prescriptions to the database by filling out a simple online form. The prescription would then be given a unique identification number by the system. This number would be printed on the actual paper prescription that the patient would present to the pharmacist.

Before a pharmacist fills the prescription, he or she would access the online database and confirm that the prescription being presented by the customer is legitimate, that it perfectly matches the online record, and has not yet been filled by another pharmacy/pharmacist. Prior to dispensing the medication, the pharmacist will mark the online prescription as "filled" so that the same prescription cannot be filled again.

By creating this simple system, we will be able to put an immediate stop to all doctor shopping and fraudulent prescription writing overnight. Aside from the obvious law enforcement benefit, this would also save the State from wasting money on arresting, jailing, and prosecuting people who doctor shop or write fraudulent prescriptions. I bet the savings would be in the millions of dollars!

If the cost savings were not enough to fund the system, the State could levy a flat tax of $1.00 per transaction. If you are using pain pills, there is no doubt that you can sport a $1.00 fee per prescription filled. These prescriptions are usually filled on a monthly basis - unless of course you are doctor shopping!

Regardless, at the end of the day the Government needs to wake up and enact realistic and practical solutions to this problem. At a time when our State budget is in crisis, any plan that will save money AND cure a major social problem at the same time is a great idea!