Physicians continue to face charges for prescribing opioids to patients without a legitimate medical purpose. This is one area where physicians and advanced practitioners must exercise extreme caution. A recent case shows that federal charges will be filed in these cases.
On December 5, 2019, a federal grand jury brought a 14-count indictment against physician Dr. Edmund Kemprud of San Joaquin County, charging him with prescribing opioids
to patients outside the usual course of professional practice and not for
legitimate medical purpose. An indictment is not evidence and the physician is presumed innocent.
According
to the indictment, Dr. Kemprud maintained a medical practice in the California cities of Dublin and Tracy. The indictment alleges that on 14
occasions between September 6, 2018 and March 13, 2019, Dr. Kemprud allegedly
prescribed highly addictive, commonly abused prescription drugs, including
Hydrocodone, Alprazolam, and Oxycodone – outside the usual course of
professional practice and not for legitimate medical purpose.
In these type of cases, the DEA or investigating agency usually uses undercover patients in order to establish the proof to file such charges. Dr. Kemprud pleaded not guilty at his arraignment.
Attorney Commentary: Physicians, Osteopaths and advanced practitioners should review the Medical Board's published pain guidelines. It's a 90 page guideline published in 2014, and is now considered to establish the standard of care in California. There are also links in the document on topics such as benzodiazapenes (Xanax/Alprazolam) at issue in this case and how to taper patients from them ("the Ashton manual"). There is free web-based training on prescribing opioids from the CDC that should be reviewed and where a provider can earn free continuing education credits.
Posted by Tracy Green, Esq.
