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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118201
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What are the DEA regulations surrounding the prescription of

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What are the DEA regulations surrounding the prescription of fairly massive amounts of pain meds-say 6 per day of percocet for 30 -40 patients per month when the physician is not employed by pain management and is not a pain management MD and the practice is not licensed as pain management - in Florida. My employer said that "if you don't know how to prescribe narcotics than we will get a competent MD who does" with the implication being if I don't do this then I will be fired. Florida is arresting MD's for "drug trafficking' a lot of the time now and I dont want to be one of them. My attorney advised me to stop writing the prescriptions before I become one of the statistics and refer the patients to pain management, however, now that I am doing this it is clear that I will lose my job which I cant afford to do without somewhere else to go.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

DEA does not prohibit a doctor from writing prescriptions for controlled substances that are medically necessary. The DEA regulations are not the issue there, the issue is the new FL laws which not only serve to regulate the prescription of controlled substances, but they actually track what a doctor writes and holds the doctor liable for improperly prescribing controlled substances and could lead to loss of a license to practice in FL.

You and your attorney are CORRECT and here is an article regarding the FL and Federal regulations on pain management prescribing: FL and Federal Precription Rules.

If your employer is trying to make you prescribe outside of those rules and FL law, you need to consider filing a complaint with the FL Department of Health and also the medical board against the employer to protect yourself from any false complaints from the employer and let them investigate your employer. However, I would suggest you follow your attorney's recommendation and not improperly prescribe regardless of what your employer keeps saying.

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