NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, IN THE SPIRIT OF RETIRED DETROIT POLICE SARGENT WALTER R. CLEMENT BS., MS., MBA., HOWARD ADELGLASS, MD., BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC.T. SPIRIT OF REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., WALTER F. WRENN III., MD., JULIE KILLINGWORTH, LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., LEROY BAYLOR, JAY K. JOSHI MD., MBA, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
Doctors Lose Licenses For Properly Prescribing Opioids
“The CDC wrongly thought pain management doctors were overprescribing opioids. The CDC issued guidelines in 2016 that put limits on the amount of opioids doctors could prescribe, thinking that high doses of Oxycontin lead to addiction and death. These guidelines were disastrous for chronic pain patients. Many were driven to buy illegal drugs on the street, which were laced with poisonous fentanyl. In 2021 this led to 100,000 deaths in the United States.
Guest – Kelly Dineen Gillespie is a professor of law and the Director of the health law program at Creighton University School of Law. She teaches health law and bioethics. Dr. Gillespie holds a Ph.D. in health care ethics as well as a law degree. Before attending law school, she worked as a nurse in neurosurgery and transplant ICUs. She co-wrote two friend-of-the-court briefs in the significant Ruan v United States case on behalf of professors of health law and policy before the US Supreme Court regarding criminal distribution under the Controlled Substance Act as applied to doctors‘ prescriptions. In June 2022, the Supreme Court adopted much of the reasoning advanced in these briefs in a unanimous decision supporting doctors.
Several insurance companies encouraged the CDC to impose limits on doctors prescribing Oxycontin and to taper their patients. Opioids are very expensive. The insurance companies were fortified in their erroneous belief by the efforts of a certain organization of doctors who are not pain management specialists.
When the CDC guidelines were exceeded, the Department of Justice threatened to indict doctors and got them to stop practicing medicine. The doctors gave up their medical licenses and licenses to prescribe narcotics. Some were prosecuted. Some went to prison. Some endured large fines. Seventeen hundred out of 6000 pain management doctors were removed from the practice of medicine.
Doctors who refused to taper were victimized. These doctors correctly believed that their patients were dependent on high dosages of opioids but were not drug addicts. These doctors understood that denying their patients high dosages of opioids would lead to suicides and deaths by overdose from street drugs.
The United States Supreme Court recently ruled in the case of The United States v Ruan that doctors have the right to treat their patients as they see fit without government interference. They ruled 9 to 0 that doctors who prescribed opioids in good faith did not have the requisite mindset, mens rea, to be found guilty of overprescribing.“
FOR NOW, YOU ARE WITHIN