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What Constitutes Unlawful Dispensation of a Controlled Substance?

Illinois Attorney for Pharmacists and Prescribers Under DEA Investigation

If you operate a pharmacy or are a healthcare professional who dispenses prescriptions, it is critical to follow all state and federal protocols that govern these practices. According to Illinois law, for a controlled substance prescription to be valid, it must be issued to an individual for verifiable medical reasons, and it must be issued by a practitioner who is adhering to standard professional procedures.

Those who violate these policies can be subject to professional license suspension or revocation and possible criminal charges. If you face allegations of misconduct, The Law Offices of Joseph J. Bogdan, LLC can help. Attorney Bogdan is a registered pharmacist and former Illinois Department of Professional Regulation prosecutor, and he has successfully defended medical professionals for nearly 20 years. His extensive experience includes Drug Enforcement Administration administrative hearings and Illinois Department of Financial & Professional Regulation compliance.

What Is Unlawful Dispensing of a Controlled Substance?

This allegation can stem from:

  • Dispensing without good faith, such as a non-physician prescriber relationship with the patient, frequent filling of prescriptions for the same drug for many patients, unusual quantities and dosages, unconventional geographic distances for patients, and consistent prescribing of potentially addictive drugs;
  • Dispensing to fulfill a known addiction;
  • Dispensing outside the scope of the prescriber's normal practice;
  • Dispensing without a prescription; and
  • Dispensing a prescription written by a prescriber to a known family member.

Possible Punishments for Unlawful Dispensing

An individual who knowingly fills a prescription such as those listed above is considered not to be dispensing a drug in good faith. The person who issued the prescription is subject to the applicable penalties for violations of the laws relating to controlled substances. A pharmacist who allegedly filled a prescription when they had or should have had reasons to believe the prescription was not issued because of a legitimate medical purpose may also face criminal prosecution, along with the medical professional who issued the prescription, for the knowing and intentional distribution of controlled substances. This can be charged as a felony, and in addition to discipline to a doctor or pharmicist's professional license, a person convicted of this crime may face fines, prosecution, and/or imprisonment.

How a Professional License Defense Attorney Can Help

Attorney Joseph J. Bogdan helps clients with federal DEA issues related to both prescribing by medical professionals and the pharmacies that dispense prescriptions. In both instances, the primary issue is the individual's DEA registration. Attorney Bogdan assists clients in addressing the concerns of the DEA.

In state matters, Attorney Bogdan assists pharmacists and medical professionals in addressing complaints filed against their Illinois Controlled Substance license. A prescriber or pharmacy needs this license to have a DEA registration.

Contact an Illinois DEA Investigation Defense Attorney

When a medical professional's license, career, reputation, and even freedom hang in the balance, it is essential to secure skilled legal guidance from a lawyer who has experience defending subjects of these types of cases. If this is the situation you face, The Law Offices of Joseph J. Bogdan is here to help. For a free consultation with an Illinois healthcare license defense lawyer, contact us today by calling 630-310-1267.

Illinois State Bar Association DuPage County Bar Association Illinois Pharmacists Association American Pharmacists Association 10.0Joseph John Bogdan
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