Opioid abuse is a real crisis in America. Due to the soaring rates of addiction and overdose, the U.S. Department of Health and Human Services declared the epidemic an emergency for public health in 2017 and created a plan to increase education, support and safety.

A serious side effect of the federal response to the opioid problem, as well as healthcare fraud in general, is a closer look at prescriptions. The goal is to lower opioid use, so any triggers of improper drug distribution can lead to the audit of your pharmacy. Watch out for these common actions to prevent criminal charges of abuse or fraud.

High dispense rate of controlled substances

Naturally, you will fill prescriptions for many controlled substances, but the numbers should be typical of a pharmacy of your size and in your area. Large quantities will be a red flag to authorities, and they may think you are filling fake prescriptions or keeping the drugs to use or sell on your own.

Improper ratios

High numbers may be even more of a trigger when you compare them to other relevant numbers. For example, did the number of prescriptions exceed the supply you had in stock or the program limitations?

Fishy prescriptions

It is your job to ensure you only accept valid prescriptions. Failing to check them can cause insurance providers to refer you for an audit. Make sure the medical need is real and appropriate for the medication. Also verify that the provider has the authority to write the prescription in question and that the patient has not been jumping from doctor to doctor to maintain access to the drug. It may be unfair that you can face charges for someone else’s deliberate mistakes, but it best to cover your bases.

Preventive steps to take

Your best line of defense is having complete and accurate records of all prescriptions, patients, insurance companies and interactions. The more evidence you have to prove you did no wrong, or at least did it unintentionally, the better your outcome will be. Properly training your staff and staying aware of their activities can also keep your pharmacy out of trouble.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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