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I work for a doctor who was just found to be prescribing narcotics

 

Customer Question

I work for a doctor who was just found to be prescribing narcotics for a number of employees. One employee in particular was filling narcotics for her entire family. He was signing scripts and just handing them to her to be filled out. A few employees have legitimate reasons for taking pain meds. A few do not. Nobody else, aside from his M.A. was writing them randomly for her family and friends, and in very large quantities. What do I do? Do I fire all of the employees that ever got a pain med? Or do I fire the primary person responsible and make policies forbidding anyone seeing a doctor here? If I fire everyone, I am sure there will be ramifications as they had medical necessity and are essentialling being dismissed for following a doctor's lead. I am certain they will turn him in to the DEA, which may already have happened. He states he was unaware of "all" of the rx's, but he was VERY aware there was an issue with his M.A. and that he was handing out signed rx's to be used to fill narcotics. HELP!!!!

 

Optional Information:
State/Country relating to Question: Colorado

Already Tried:
Another doctor talked with two attorneys. They gave differing opinions, based on her trying to protect herself from the fall out of his behavior. But no employment laws, or HIPPA, or even the entire scenario had been given to said attorneys. I need to do what I have to, for the entire practice, not just for one physician. A lot of people will be impacted by the circumstances and consequences. It seems the one person not having a consequence is the doctor.

Submitted: 590 days and 12 hours ago.
Category: Legal
Value: $38
Status: CLOSED

Accepted Answer

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Expert:  skelly151 replied590 days and 12 hours ago.

You fire the individual primarily responsible and forbid anyone at the office from using a script from the office. I think your other practitioners and you have to confront him and make him voluntarily turn himself in to protect the practice, otherwise you are opening the entire practice to investigation and scrutiny. HIPPA does not protect those stealing drugs so do not be intimidated that there is violations of such. Employment laws also do not protect those stealing drugs and they are all employees at will that can be discharged at anytime. I am sorry for your situation. It is vexing....

Expert TypeLawyer
Category: Legal
Pos. Feedback: 98.0 %
Accepts: 1739
Answered: 10/4/2011

Experience: Litigation specialist, Probate and Estate law, Collection law, contract disputes, builder issues

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