Supreme Court Latest Changes on Controlled Substances Act to Protect Doctors Criminally Prosecuted for Overprescribing

Mark R. Brengelman

Mark R. Brengelman

Mark holds Bachelor’s and Master’s degrees in Philosophy from Emory University and a Juris Doctorate from the University of Kentucky. Retiring as an Assistant Attorney General, he now represents Health care professionals Two government ethics commissions, and Parents and kids in confidential child abuse and neglect cases,...
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Pre-recorded
60 Mins
Mark R. Brengelman

Learn on the types of legal actions against doctors and other prescribers for over-prescribing scheduled drugs in state licensure laws vs. criminal laws

The Supreme Court recently set a new, high standard for criminal prosecutions under the Controlled Substances Act making it much harder to prosecute doctors for alleged violations, and how these new standards protect doctors who use their professional skill and judgment in writing prescriptions for pain killers.

Join this webinar by healthcare attorney, Mark R. Brengelman, where he discusses some basics of the standard of care and examples of state licensure laws applicable to doctors who prescribe scheduled drugs. These rules also apply to other health care professionals with prescriptive authority under state law and a certificate to prescribe scheduled drugs from the federal government. The webinar also segues into an overview of the Controlled Substances Act and how doctors and other prescribers are vulnerable to criminal prosecution.

Erase the fear, uncertainty, and doubt about the new standards from the Supreme Court which now protect doctors and the proper application of their discretion and their professional judgement from prosecutors bent on jailing doctors as part of the war on drugs.

Webinar Agenda

  • The basics of the standard of care for doctors who prescribe painkillers;
  • Examples of state licensure laws which govern a doctors prescriptive authority to prescribe scheduled drugs;
  • Examples of other health care practitioners who have prescriptive authority and a certificate from the federal government to prescribe controlled substances;
  • An overview of the Controlled Substances Act and how doctors are vulnerable to criminal prosecution;
  • An analysis of the Supreme Court decision setting a new standard for criminal prosecutions against doctors;
  • An examination of how the new rules from the Supreme Court protect doctors who use their sound discretion to prescribe painkillers to their patients;
  • Tips and techniques covering new defenses to doctors and how expert witness testimony will be even more crucial to defending the health care practitioner from criminal prosecution.

Webinar Highlights

  • Overview of the types of legal actions against doctors and other prescribers for over-prescribing scheduled drugs
  • Differences and standard in state licensure laws vs. criminal laws
  • Current enforcement perspective of the federal Department of Justice
  • How the current enforcement standard will change with the Department of Justice
  • Overview of landmark, unanimous criminal case from June 2022 by the U.S. Supreme Court

Who Should Attend

Health care attorneys; corporate compliance officers in health care; medical records staff of medical offices and health care entities; hospital attorneys; health care practitioners who are covered entities; law enforcement officers in health care compliance; state boards and agencies with jurisdiction over state licenses to practice a health care profession

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