The rise seen in prescription drug abuse in both Naples and throughout the rest of the U.S. in recent years has prompted lawmakers to enact policies intent on restricting access to addictive medications. A problem may exist, however, with many of these new laws in that they may make it more difficult for those (like you) who legitimately need medications on a frequent basis for pain management. Many have come to us here at The Caldarone Law Group, P.A. worried that the types or amounts of prescription drugs that they take may be unlawful. Such concerns may be legitimate if you are not receiving your meds from an authorized source.
Information shared by the Florida Medical Association shows that legislation adopted in 2011 changed the requirements for those medical practices that offer pain management services. The new law amended the definition of pain management clinics to include those that advertise such services, or offices where (in any given month) a majority of their patients were prescribed the following medications for the management of chronic nonmalignant pain:
If the clinic from which you receive your meds meets these qualifications, it is now required to officially register with the state as a pain management clinic (and thus becomes subject to the rules regulating such practices). If it does not, its providers could be subject to criminal penalties. Could you, as well? The answer to that question depends on your level of knowledge of the clinic's practices. If you assumed (in good faith) that the clinic would only prescribe drugs it was authorized to, then that may be used as a defense to any drug charges leveled against you. More information on potential prescription drug abuse cases can be found here on our site.