William G. Yarborough

Are you facing a DHEC prescription drug diversion violation?

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If you are a pharmacist in this state, you register annually with the South Carolina Department of Health and Environmental Control. The DHEC performs regular inspections of pharmacies for potential illegal activities, such as the diversion of controlled substances.

Did a recent inspection show discrepancies in your accounting procedures, and you are facing a possible drug-diversion violation? What happens now?

Routine and random inspections

DHEC inspections of registered pharmacies, practitioners and hospitals are routine for the most part, although there are some random audits. The Department’s Bureau of Drug Control is responsible for enforcement of the South Carolina Controlled Substances Act. The goal is to see that registrants maintain a closed system of prescription drug distribution, and to this end, the DHEC performs up to 850 site inspections each year.

Monitoring controlled substances

The state has a prescription monitoring program, the South Carolina Reporting & Identification Prescription Tracking System, or SCRIPTS. Information from the monitoring program goes into a secure database that shows the controlled substances that a pharmacy or health provider dispenses. Included in the database are OxyContin, Vicodin, Percocet, Xanax, Klonopin and Valium. The database shows the name of the patient, how much of a certain prescription the patient takes and for how long, plus who prescribed the medication and who dispensed it.

Putting the details together

While the use of a SCRIPTS report is normally for patient evaluations or drug-history confirmations, the goal of DHEC inspections is to monitor controlled-substance activity at the dispensing level, and the two sources of information can mesh. The DHEC receives hundreds of complaints yearly concerning the diversion of prescription medications, and healthcare professionals represent about 25 percent of those prosecuted.

Managing a violation

If a routine DHEC inspection at your pharmacy has turned up accountability and record-keeping concerns, you may receive an Order to Show Cause from the Department’s legal office. This means you must appear at a pre-hearing conference. If you are in violation of the South Carolina Controlled Substances Act, the DHEC may impose sanctions and fines on you and your pharmacy at the very least. If this happens, remember that there are legal options available to you.

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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