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Potential Criminal Liability in Prescribing Controlled Substances
Potential Criminal Liability in Prescribing Controlled Substances

Recommended Audience: Clinicians registered by the DEA to prescribe controlled substances.

Author: Scott Huckabee, © 2014 Huckabee Consulting, Inc./DoctorsSafeguard.Com

Date Created: October 2, 2014 Updated: March 2016.

Approximate Length: 1 hour

Program Content: Understanding Federal law and regulations is critical in justifying the prescribing/dispensing of controlled substances. This presentation will identify federal laws and rules pertaining to prescribing controlled substances, federal case law pertaining to the good faith exception, condemned behavior, willful blindness, as well as State homicide laws that may be used filed against a provider based on non-therapeutic prescribing.

This program explains:
  • Title 21 Code of Federal Regulations, Section 1306.04 – Purpose of Federal Regulations
  • Title 21 United States Code Section 841(a) Unlawful acts
  • Title 21 United States Code Section 822. Persons Required to Register (a) Period of registration
  • United States v. Moore – 423 U.S. 122 (1975)
  • U.S. v. Feingold, 454 F.3d 1001 (9th Cir. 2006)
  • U.S. v. Hurwitz, 459 F.3d 463 (4th Cir. 2006)
  • United States v. Rosen, 582 F.2d 1032 (5th Cir. 1978)
  • U.S. v. Armstrong, 550 F.3d 382 (5th Cir. 2008)
  • Global-Tech Appliances, Inc. v. SEB S.A., 131 S.Ct.2060 (2011)
  • U.S. v. Ly, NO. 12-16580, NON-ARGUMENT CALENDAR, (11th Cir. 2013)
  • Your State Homicide Laws
Live Presentations
1 hour
17.00 MB
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