North Carolina is hoping that opening up provider prescription histories, along with imposing new limitations on the prescription of opioids will work to hold more doctors accountable and decrease the number of opioid prescriptions issued in the state.
The law, called the NC STOP Act, put limitations on the number of opioid prescriptions that a medical provider can issue to an individual, based on many factors that any prescribing provider should analyze before to deciding whether to write a prescription. Currently, the state believes that 4,500 doctors exceed the prescription limitations across the state, and the number bay even higher. Blue Cross Blue Shield has begun to try and address the epidemic by blocking prescriptions for opioids that exceed seven days.
“On top of this, the state has created a searchable database for citizens who can type in the name of their doctor and find out whether he or she is a regular prescriber of opioids,” said Ben Whitley, a Winston-Salem Personal Injury Attorney with the Whitley Law Firm. The idea behind the database is that it will work to educate consumers about the approach their doctor takes toward prescribing opioids, while also creating accountability in doctors, knowing that their prescribing practices will be available for all to see.
For doctors that fail to comply with the Act by limiting the number of opioid prescriptions, the law authorizes the state licensing board to take action against the doctor by issuing notices of non-compliance and taking any other steps the board deems necessary to gain compliance.
From a legal standpoint, doctors that continually violate statutes like the NC STOP Act open themselves up to liability from a medical malpractice standpoint. If their improper prescribing of opioids leads to the death of a patient, and that doctor had been made aware of his or her violation of prescribing restrictions, it creates a much stronger case for any individual seeking compensation.
For the time being, however, consumers should utilize the database to inform themselves about the practices of their own doctor as well as any doctor they may be considering. Avoiding exposure to doctors with questionable prescribing practices may save heartache and trouble down the road.
