Unlawful Prescription of a Controlled Substance
A Palm Beach County Circuit Court Judge ordered Barry Schultz can be released after posting $75,000 bond.
ORIGINAL POST: A former Delray Beach-based doctor was arrested Tuesday on an allegation of overprescribing pain medication that resulted in the death of a patient, the Palm Beach County Sheriff’s Office said.
Barry M. Schultz, 57, is facing charges of manslaughter and unlawful prescribing of a controlled substance.
He was booked into the Palm Beach County Jail Tuesday evening and was being held without bail.
Sheriff’s investigators alleged that Schultz overprescribed a lethal amount of the narcotic methadone to a patient. The patient, identified as David P. Tain, died in December 2010 after overdosing on pills that were provided by Schultz, the affidavit said.
Schultz was arrested in March 2011 after deputies alleged that he prescribed excessive quantities of oxycodone and methadone to patients from January 2010 to September 2010.
His license was suspended after the arrest by the Florida Department of Health and the Drug Enforcement Administration.
Tain died at the age of 49. His mother provided investigators with prescription bottles that had allegedly been approved for Tain by Schultz.
Schultz allegedly prescribed 297 tablets of methadone and 80 tablets of diazepam, the affidavit said.
According to tests by the county medical examiner’s office, Tain died of acute methadone toxicity.
Everyone in Florida knows about the state’s hundreds of pain clinics, mostly in South Florida, that dispense millions of oxycodone and other addictive narcotic prescriptions every year to anyone who walks in.
Legitimate pain patients are served, say law enforcement officials, but thousands of addicts use pill mills to support their oxycodone addiction and aren’t being weeded out. It’s common, say the cops, to see drug-seekers driving from clinic to clinic getting multiple prescriptions for hundreds of narcotic painkillers in a single day.
The cops also say that drug traffickers from out of state take advantage of pill mill permissiveness to supplement their supplies. They resell the drugs to customers back home who, most typically, suffer from oxycodone addiction or abuse of numerous other prescription painkillers.
Controlled substances are defined as any medication or drug whose manufacture, processing, distribution or possession is regulated by law.
The Controlled Substances Act categorizes drugs based on likelihood for abuse. Schedule I are illegal drugs and have an extremely high potential for abuse. Schedule II drugs also have a high potential for abuse, but have medically therapeutic benefits, and are controlled. Schedules III-V have decreasing potential for abuse, but their distribution and prescription is still controlled. For a complete listing of all Schedule I-V drugs, check out the Florida Statutes on Standards and schedules. Source
For you to legally possess a CII, CIII, CIV, or CV medication, you must have a valid prescription. There are laws which dictate what is an acceptable prescription in Florida. A prescription may be from a valid prescriber, but how the prescription was obtained can be called into question. If it is fraudulently obtained, or forged–knowingly or unknowingly by you, you can still be charged with a crime. If you are arrested for possessing an illegal or forged prescription, you will need expert knowledge and advice to handle your case.
Knowingly obtaining multiple prescriptions from different doctors for the same ailment is also illegal. Florida pharmacies and practitioners can now search an electronic database to determine if you have received prescriptions from other prescribers or pharmacies. Determining if the additional prescription is actually valid, and whether your possession or purchase of it is legal can be determined in the court, but you still may be arrested for it. It is essential to consult an attorney in these matters, as the specifics of your case will be unique.
You may be arrested if you are in possession of a controlled substance that you do not have a prescription for. Another possibility is that you do have a prescription, but the medication is not in an approved container. Police can arrest you all the same as without proper documentation it is impossible for them to determine whether the drugs you have in your custody belong to you legally.
It is also illegal to sell or give away controlled substances to anyone else, as they are intended only for the person the prescription is written for. If you sold, loaned or gave a controlled medication to a friend, family member or stranger you can be charged with selling drugs.
In some cases, with the proper documentation controlled substance possession charges in Florida can be dropped. Extenuating circumstances, as well as the possession of paraphernalia and other items may change the outcome of your case. There are yet still more laws concerning the storage, transportation and use of controlled substances, and you should consult Sherry Ivey Jones to determine if your charges are valid or not.
If you are found in possession of only 4 g or more of controlled substance (depending on the pill size this could be only three pills) you’re facing a minimum mandatory sentence of three years in prison and $50,000 fine.
The Government Cracks Down
To deal with this public health epidemic, federal and state governments have cracked down on painkiller abuse. Prescription-drug abuse declined in 2011 to the lowest rate since 2002, but remains a serious problem. Today, 1.7 percent of people use painkillers for non-medical reasons.
The federal government is putting increasing pressure on distributors, which act as middlemen between drug makers and the pharmacies and doctors that dispense painkillers. The drug distribution system includes about 800 companies.
Laws Vary by State
Several states make doctors criminally liable and revoke their licenses for writing prescriptions for painkillers that end up on the street or lead to overdoses. Some have enacted laws restricting pain-clinic ownership to medical professionals. Some have created computerized registries of patients and controlled-substance prescriptions. Finally, some states require pharmacies to curb their supplies and restrict dispensing of painkillers. Check the laws in your own state. Source
West Palm Beach Oxycodone Charges Attorney
Oxycodone is a powerful and addictive pain medication that is often abused as recreation. Oxycodone charges include possession of Oxycodone, drug trafficking, racketeering and prescription fraud. These may lead to a mandatory minimum prison sentence of three years or longer, as well as fines and a criminal record that haunts you the rest of your life.
At the law firm of Andrew D. Stine, P.A., in West Palm Beach, Florida, our defense team has many years representing clients charged with drug crimes. We have a thorough understanding of Florida laws and how to apply them to your unique case. Contact our firm to discuss your case in a free initial consultation.
Many Oxycodone offense cases involve false allegations. The police may notice the medication during a routine traffic stop and charge you with possession. If the amount of Oxycodone is over four grams, the police can charge you with drug trafficking. However, neither of these are valid allegations if you have a prescription for the medication or the pills were left over from a former prescription. If you have a prescription, having possession of the drugs is legal.
The law firm of Andrew D. Stine, P.A., is involved in many high profile criminal cases throughout Florida. One of our cases involved a doctor charged with racketeering and administering Oxycodone, Methodone and Roxicodone unlawfully. By being proactive, we can often resolve these cases in our clients’ favor.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at 561.880.4300 Se habla español.