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Were these doctors treating pain or dealing in drugs?

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Were these doctors treating pain or dealing in drugs?

Over the past 15 years, as federal agents raided pellet mills and lawsuits increased, the language surrounding “lawful medical purpose” and “professional practice” has been interpreted differently by different federal appellate courts. Is. Those readings instruct how a judge instructs a jury on what it must find in order to convict or acquit the determiner.

In short while seeking a clear legal standard, Health-law and policy professors argue that many Appeals courts—including the U.S. Court of Appeals for the 11th Circuit, which upheld Dr. Ruan’s conviction, and the U.S. Court of Appeals for the 10th Circuit, which upheld Dr. Ear is upheld – allows doctors to plead guilty if they deviate from accepted medical practice, without a jury finding that the doctor did so “without any valid medical purpose”. They say that standard lacks an important component of criminal law: intent.

That element, the professors wrote, separates well-meaning, possibly careless doctors from criminal ones. Without the need for intent, the Controlled Substances Act is “weaponized against physicians in response to an overdose crisis,” he said. He added that prosecutions have increased, while standards of conviction have “consistently eroded.”

Professors argue that this broad standard could implicate doctors who determine that an individual patient needs opioid prescriptions that exceed the traditional limit. Doctors who prescribe off-label drugs, which is a common practice, may also fall under that standard.

Conversely, other circuits require that prosecutors prove beyond a reasonable doubt that doctors not only knew that they were deviating from accepted medical practice, but that they were prescribing without a legitimate purpose. Were.

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But how far can a goodwill defense be extended? Is it enough for doctors to simply argue that they believe prescriptions serve a legitimate medical purpose?

“Goodwill,” then, would seem to be a subjective standard; “Lawful Medical Purpose,” A Purpose. If this happens, there will naturally be a conflict between the two.

#doctors #treating #pain #dealing #drugs

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