Professional Actions Against Physicians for Opioid Prescribing Behaviors
AHLA thanks the leaders of the Physician Organizations Practice Group for contributing this feature article.
- July 01, 2021
- Gaurav J. Dhiman
- Matthew K. Casbarro , Shutts & Bowen LLP
In its landmark 2006 decision Gonzales v. Oregon, the U.S. Supreme Court recognized that Congress intended for the Controlled Substances Act to prevent physicians from engaging in the illicit trade and distribution of controlled substances, but not to regulate the practice of medicine itself, leaving that task to the states. Subsequently, there has been a greater push for the federal government to fight the opioid crisis—especially in connection with the practice of medicine. This article does not address the competing interest of federal, state, and private parties but rather discusses the laws, regulations, and guidelines pertaining to physician licensure, Drug Enforcement Administration (DEA) registration, and board certification in the context of opioid prescriptions and what actions may be taken against a physician who has failed to diligently follow such legal mandates.
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