Pill Mill Bill, SB-2272
Posted: Monday, September 13, 2010
by Christian Denmon
Denmon & Denmon Trial Lawyers
The start of June 2010 marked the entry of a new law into the Florida judicial system. SB 2272, also popularly referred to as the Pill Mill Bill, was voted for by almost one hundred percent of the Florida legislature and was entirely backed by Governor Charles Crist.
For many years, health advocates and lobbyists have been pressing for the approval of a bill that will require all doctors and pharmacists in the state to record all information regarding the drug prescriptions they issue to their patients in a state-owned and regulated database. Under various Florida Statutory "privileges" that would seem to protect the patient records, all medical practitioners and insurance providers are prohibited from revealing certain medical information without the consent of the patient. However, Florida courts have recently ruled that prescription records are not part of this protected information.
The new law came into effect October 2010 and gives authorities the power to:
- Conduct inspections. Pain clinics were not required to register with the state in the past, but this time, they are. Police will now conduct yearly inspections and will be able to obtain patient prescription records without needing a search warrant.
- Enforce more severe penalties. It used to be that these unregulated pain clinics, or pill mills as many call them, could quickly operate, close down, and move to another location in no time. This time, authorities can impose harsher punishments for those who are found to be owning and operating pill mills, including permanently shutting down the clinic and charging the owners and doctors with third-degree felonies, which can be charged with up to $5,000 in fines for each day the felony is committed.
- Require doctors to examine their patients before prescribing any pill. Pain management doctors are also required to undergo special training before being allowed to own or manage a pain management clinic.
- Ban advertising. This time, pain clinics are banned from advertising any of their products or services in any form or manner.
- Regulate the number of pills issued each day. Under the new law, uninsured patients can only purchase up to three days worth of the pills he needs. Afterwards, he has to buy the drugs from the pharmacy.
Florida has been seen as a busy hub for drug pushers and drug addicts alike. Because of its lack of prescription-monitoring laws in the past, many small-time and big-time suppliers and users have flocked to this Southeastern state to deliver, sell, and purchase huge amounts of prescription pills, especially narcotic painkillers such as oxycodone and methadone, without being subject to allegations of conducting criminal activities.
However, the new law has been slammed by many legal pain management clinics and patients who have a legitimate need for these painkillers, such as cancer patients and survivors of an accident. According to them, SB 2272 only makes it more difficult for patients to obtain medication that they actually need. In addition, it does not prevent the implementation of harsh sentences upon persons who are found to be in possession of a certain amount of drugs, since drug trafficking in Florida refers to owning, purchasing, selling, and delivering illegal drugs.
Do you need criminal defense?
Christian is a Tampa criminal lawyer . He is a partner at Denmon & Denmon Trial Lawyers which has offices in Tampa and New Port Richey, Florida. He is available to those who are in need of a Tampa drug attorney or for defense of any other criminal charge. Call 813-554-3232 (Hillsborough County) or 727-753-0049 (Pinellas and Pasco County) for a free initial consultation and case review. Make sure to visit us at http://www.denmonlaw.com .
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