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posted on 5/26/18

A physician who recklessly prescribes painkillers is “a drug dealer with a lab coat,”according to Drug Enforcement Agency Special Agent Daniel Gillen. In January 2018, Illinois lawmakers handed Mr. Gillen and his team a powerful new weapon in its fight. How does that development affect you?

The DEA is targeting physicians who prescribe large amounts of pills and do not ask questions. Agents are especially watching out for doctors who prescribe what Mr. Gillen called the “holy trinity of drugs.” Some doctors simultaneously prescribe opiates like Oxycontin, muscle relaxers like Soma, and benzodiazepines like Xanax. It is difficult to defend such prescription patterns in Illinois Department of Financial and Professional Regulation procedures and similar matters. This doctor told the IDFPR that his prescriptions were in line with his personal observations of the patient’s condition.

The IDFPR has also stepped up oversight in this area. Since 2015, it has brought actions against more than one hundred Illinois doctors. Nearly all of these hearings have resulted in disciplinary action.

New Opioid Prescription Laws in Illinois

In January of 2018, a new amendment went into effect that will probably impact your Chicagoland medical practice. The new version of 720 ILCS 570/314.5 requires doctors and everyone else with a controlled substance license to register with the Prescription Monitoring Program. Illinois and 48 other states have a PMP. It is designed to give prescribers more information about patients before they give them access to more pills. However, there is very little evidence that the program is actually effective.

Registration alone is insufficient. Prescribers must also try to access patient information on the PMP. There must be written documentation in the file supporting this attempt. If the person has had three or more prescriptions within the past 30 days, the prescriber “may” file a report.

The original version of Senate Bill 772 was much stronger. As originally drafted, the measure would have required doctors to consult PMP information, as opposed to trying to look at it. The Illinois State Medical Society was able to defeat that provision, citing the unproven technology in the PMP system. But if the opioid epidemic continues, reformers will probably be back.

Standard of Care in IDFPR Proceedings

The personal-observation defense, which is the one the doctor used in the above story, has been very effective until now. The new 720 ILCS 570/314.5 arguably enhances the standard of care. Now, a professional opinion that certain prescriptions are medically necessary may not be enough. A Chicago doctor may now need more evidence to back up these observations.

Doctors must also be more cognizant of red flags. Some common signs of opioid addiction include:

  • Constipation or bowel irritability,
  • Memory problems,
  • Mood swings, and
  • Slow reactions.

In addition to a PMP check, the file should indicate that the doctor either did not see any of these symptoms or that the patient provided a logical explanation. An incomplete file is basically an invitation for unwanted scrutiny from the IDFPR. Inadequate records could justify action against your license, even if you did nothing wrong.

Work With Experienced Schaumburg Lawyers

Because of our highly specialized experience in these areas, we have successfully defended both healthcare professionals and private individuals against aggressive federal and state prosecutors. So, call Glasgow & Olsson today for a confidential consultation.

(image courtesy of Jonathan Perez)