Operation "Pill Street Blues" Latest Pill Mill Bust in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The latest pill mill raid in Florida spanned several cities throughout Florida. The Drug Enforcement Administration (DEA) and Florida law enforcement announced the statewide pill mill bust on June 27, 2012. Seven doctors and seven pain clinic owners were arrested. The raid has been dubbed "Operation Pill Street Blues" by the DEA.

To view the DEA's press release concerning the raid, click here.

Charges Against the Doctors and Pain Clinic Owners Include Manslaughter.

The doctors and pain clinic owners are facing a long list of charges. Some of the alleged offenses include: racketeering; conspiracy to commit racketeering; manslaughter; trafficking in a controlled substance; conspiracy to traffic in a controlled substance; delivery of a controlled substance; illegally prescribing a controlled substance by a practitioner; illegally prescribing a controlled substance (oxycodone hydrochloride) by a practitioner-trafficking amount; workers compensation fraud; and money laundering.

Investigation Revealed Ring of Pill Mills Scattered Throughout Florida.

The arrests follow a two year investigation led by the DEA in conjunction with the Indian River County Sheriff’s Office, Vero Beach Police Department, and the Attorney General’s Office of Statewide Prosecution. The investigation began in Vero Beach in November 2010 after the DEA received complaints about a pain clinic that was allegedly writing a large amount of narcotics prescriptions.

During the investigation, DEA agents uncovered eight more pain clinics in Miami, Daytona Beach, Jacksonville, Sarasota, Gainesville and Pensacola that were allegedly involved in the same operation. DEA agents also learned that some of the pain clinics were allegedly owned by two active Pompano Beach firemen.

Pain Clinic Owners Allegedly Reviewed Other DEA Pill Mill Busts to Avoid Detection.

According to the DEA, the pain clinic owners allegedly researched public records relating to past DEA investigations such as Operation Pill Nation and Operation Oxy Alley. One of the pain clinic owners also allegedly educated others at the clinics on how to successfully report their competition to law enforcement.

Law Enforcement Raids on Physicians, Pharmacists, Nurses and Other Health Providers Will Continue in Florida.

According to the DEA, Operation Pill Street Blues is an ongoing investigation. Additional arrests of co-conspirators, including other doctors and health providers, are forthcoming, according to the DEA. If you are a physician, pharmacist, nurse, or other health provider, ensure you are taking measures to protect yourself and your practice.

Contact Health Law Attorneys Experienced with DEA Cases.

The Health Law Firm represents pharmacists, pharmacies, physicians, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH), and other law enforcement agencies.

If you are aware of an investigation of you or your practice, or if you have been contacted by the DEA or DOH, contact an experienced health law attorney immediately.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at http://www.thehealthlawfirm.com/.

Sources Include:

Ro, Mia. "Federal Investigation Takes Down New Breed of Pill Mills in Florida." Drug Enforcement Administration. (June 27, 2012). Press Release. From:
http://www.justice.gov/dea/pubs/states/newsrel/2012/mia062712.html

Roberts, John. "DEA, Florida Police Arrest 14 in Pill Mill Bust." Fox News. (June 6, 2012). From
http://www.foxnews.com/us/2012/06/27/statewide-pill-mill-bust-involves-florida-municipal-workers/#ixzz1zBvQuGgC

About the Author:  George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  http://www.thehealthlawfirm.com/  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

New York Doctors, Nurse Practitioner Arrested in Crackdown on Prescription Drug Abuse

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A New York law enforcement crackdown on prescription drug abuse has resulted in the arrests of 98 people. Among those charged are two doctors and a nurse practitioner.

Brooklyn federal prosecutors joined with the Drug Enforcement Administration (DEA), district attorney's offices, and local law enforcement agencies, to carry out a series of raids that began June 5, 2012 and resulted in the arrests.

To view the DEA's press release concerning the raid, click here.

Doctors Involved in Crackdown Accused of Overprescribing.

One of the doctors is accused of conspiring to distribute oxycodone to patients that were not legitimate. Allegedly, the doctor surrendered his DEA registration. This terminated his authority to prescribe controlled substances such as oxycodone. However, he allegedly attempted to use other health care practitioners to continue to prescribe drugs, which the government contends is illegal.

Another doctor involved in the crackdown is charged with illegal distribution of oxycodone. During the execution of a federal search warrant at his offices on March 1, 2012, the doctor voluntarily surrendered his DEA registration. However, he allegedly continued to issue prescriptions to those whom he knew were not legitimate patients.

We continually warn against "voluntarily relinquishing" DEA registrations or medical licenses with any investigation pending as this is treated the same as a revocation in most cases. For an article we have written on this, click here.

Florida Has Recently Experienced Similar Prescription Drug Abuse Crackdowns.

Starting around two years ago, Florida health providers involved in narcotics precribing became routine targets for law enforcement. This was part of a concerted effort by state and federal officials to crackdown on "pill mill" operations. Regulations increased. Lawmakers enacted severe penalties for doctors and other health professionals accused of over-prescribing. Most physicians were banned from dispensing drugs in their offices. The governor created a Florida drug "strike force" with a mission to eliminate any pain clinics that were found to be breaking the law. The Florida Surgeon General and the Board of Medicine made announcements about the "crackdown" on "over-prescribing."

Since the implementation of the new pain management and prescribing laws, the Florida strike force has made thousands of arrests and seized millions of pills of narcotics. This has resulted in serious concerns by those in the pain management profession.

Law Enforcement Continues to Pursue Physicians, Pharmacists, Nurses and Other Health Providers.

The recent raid in New York and ongoing actions in Florida demonstrate that law enforcement will continue to pursue health professionals who prescribe large amounts of narcotics.

Contact Health Law Attorneys Experienced with DEA Cases and Overprescribing Allegations.

The Health Law Firm represents pharmacists, pharmacies, physicians, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at http://www.thehealthlawfirm.com/.

Sources Include:

Allen, Jonathon. "Doctors Arrested in New York Prescription Drug Crackdown." Reuters. (June 7, 2012). From
http://in.reuters.com/article/2012/06/06/usa-crime-painkillers-idINL1E8H6E3J20120606

CBS News. "98 Arrested in NY Prescription Drug Sweep." CBS News. (June 6, 2012). From
http://www.cbsnews.com/8301-201_162-57448268/dozens-arrested-in-ny-prescription-drug-bust/

McKenzie-Mulvey, Erin. "U.S. Attorney Lynch, District Attorneys, DEA, Other Law Enforcement Announce Prescription Drug Initiative." Drug Enforcement Administration. (June 7, 2012). Press Release. From:
http://www.justice.gov/dea/pubs/states/newsrel/2012/nyc060712a.html

About the Author:  George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  http://www.thehealthlawfirm.com/  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

Emergency Suspension Order Issued to Florida Cardiologist for Performing Stem Cell Treatments

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
A Florida cardiologist recently had his medical license emergently suspended by the Florida Department of Health (DOH) for performing stem cell treatments. According to the emergency suspension order (ESO), the DOH had previously warned the doctor to stop performing these treatments in 2011. Now, his license is at risk of being revoked. To view the ESO click here.

Cardiologist's License Suspended by the DOH Because He Was Allegedly Performing Stem Cell Treatments.

The DOH ordered the emergency suspension of the cardiologist's medical license in March 2012. He is being accused of violating an emergency restriction order (ERO) against using stem cell treatments in Florida. He is also being accused of causing the death of a patient.
We want to be perfectly clear that these are just allegations being made by the DOH at this point in time. All persons are presumed to be innocent until found guilty in a court of law (or, in DOH licensure cases, in an administrative final order).

Stem Cell Treatment Allegedly Factor in Patient's Death.

According to the ESO, the doctor performed a stem cell treatment on a patient who had both pulmonary hypertension and pulmonary fibrosis. Both of these conditions restrict blood flow to the heart. According to the ESO, the stem cell treatment included harvesting adipose tissue from the patient's abdomen and concentrating stem cells from the tissue in a lab. The concentrated stem cells were then infused into the patient's bloodstream to help treat the patient's pulmonary hypertension and pulmonary fibrosis. Allegedly, the cardiologist's patient suffered a cardiac arrest and died during the treatment.

Doctor Now Awaits Administrative Hearing.

An administrative hearing regarding the doctor's license suspension is scheduled for June 2012.

To view the administrative complaint issued by the DOH, click here.

To see a diagram or flow chart of the procedures followed by the Florida Department of Health, click here.

For an explanation of the differences between a formal administrative hearing and an informal administrative hearing under the Florida Administrative Procedure Act, Chapter 120, Florida Statutes, click here.

For the Florida Administrative Procedure Act, Chapter 120, Florida Statutes, click here.

Contact Health Law Attorneys Experienced with Emergency Suspensions and Other Adverse DOH Actions.

The attorneys of The Health Law Firm are experienced in handling all types of DOH cases, including emergency suspensions, administrative complaints, investigations, administrative hearings, investigations, licensing issues, settlements and more. If you are currently facing adverse action by the DOH contact one of our attorneys by calling (407) 331-6620 or (850) 439-1001. You can also visit our website for more information at http://www.thehealthlawfirm.com/.

Sources:

Fitzpatrick, David and Drew Griffin. "Florida Suspends Doctor Accused of Illegal Stem Cell Therapy." CNN. (Mar. 8, 2012). From:
http://www.cnn.com/2012/03/08/health/stem-cell-doctor-suspension/index.html

Miller, Reed. "Flouting Warning, Florida Stem-Cell Cardiologist has License Suspended." theheart.org. (Mar. 8, 2012). From:
http://www.theheart.org/article/1368039.do

About the Author:  George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  http://www.thehealthlawfirm.com/  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.