Two cases involving doctors who were prolific prescribers of prescription opioid painkillers, and are currently in prison on charges related to pill mills, are going to the Supreme Court. The doctors doled out hundreds of thousands of prescriptions for quick-release fentanyl drugs for common ailments such as neck aches, and back and joint pain, disregarding guidelines stating that the drugs were approved for severe pain in cancer patients. They’re doing up to 20 years time in federal prison and paying millions of dollars in fines, and their assets have been seized. Now lawyers want the convictions overturned, arguing that the criminal standard the physicians faced was applied inconsistently among federal circuit courts. Experts say there’s little chance the doctors would be set free, but the court’s decision may impact the latitude medical professionals can take in prescribing potentially addictive painkillers and other addictive medications. It also raises questions about how well-meaning doctors might also be negligent, and where this stands in criminal law, with some saying they were acting as drug dealers. The opioid epidemic started with the overprescribing of these drugs, but even after strict prescription monitoring was introduced, the rate of overdose deaths has skyrocketed to record levels.
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Rosenthal Center for AddictIon Studies