Like every other state in the nation, Florida is grappling with the opioid epidemic. In an effort to try and stem the flow of opioids from pharmacies to individuals, the state has passed HB21, which requires any doctor who is writing a prescription for a Schedule II, III or IV medication to check the patient’s name against a state database. The goal is to keep patients from doctor-shopping for prescriptions while giving doctors information with which to deal with patients about whom they have questions. Additionally, prescriptions for narcotics can be no longer than seven days.
Doctors across the state, however, have come out against the new law, arguing that places unduly burdensome requirements on the doctor that will do nothing to improve patient outcomes or, they argue, make an impact in the opioid crisis.
“Many doctors believe that they are very attuned to the needs of their patients, and that limiting their ability to write a longer-term prescription for a patient following an invasive operation will expose the patient to unnecessary pain and complications while adding to the already full schedules of the doctor,” said Darryl B. Kogan, a Florida Opioid Epidemic Attorney with the law firm of Kogan & DiSalvo.
Though the law is aimed at limiting the prescribing of narcotics, by applying it to all medications on Schedules II through IV means that doctors that rarely prescribe narcotics are still required to check the database when prescribing things like Adderall or Xanax.
With insurance companies constantly looking for opportunities to reduce the amounts paid to doctors and doctors looking to maximize the patient time for which they can be compensated, this law will appear to doctors as nothing more than legislators attempting to pass responsibility for addressing the opioid crisis on to care providers. Legislators will argue this empowers those in the best position to recognize a possible addiction issue to intervene early and ensure that access doesn’t come through doctor shopping. The truth, as always, lies somewhere in the middle.
As with all large-scale changes to reporting requirements, the possibility that someone will be injured due to the action or inaction of a provider increases. If you believe that you have been improperly treated by a physician and that this has resulted in injury, because of the overprescribing of certain medications, take the time to sit with a Florida Opioid Epidemic Attorney to discuss your case and whether you have a claim.
The opioid epidemic has impacted a large portion of the population, often dramatically. If you believe you have been injured, make sure that your rights are considered and protected. Consult with a Florida Opioid Epidemic Attorney today.
