...Case Study Andre J. Hopp HCS/335 September 24, 2013 Frieda Taylor Case Study Today’s health care system is larger and busier than ever. Increased demand for services coupled with a limited number of providers, creates unique demands on an already strained system. Medical practices rely heavily on staff members to perform a myriad of function, both clinical and administrative. Occasionally, staff members may be asked by either physician or patients to perform duties that fall outside their scope of practice. Should an unqualified employee choose to operate outside his or her scope of practice, they run the risk of committing both negligent and criminal acts. In the case study of Jerry McCall, an office assistant with limited medical training, one sees a clear case of negligent and criminal conduct. The case study presents a scenario where an office assistant in a private physician’s office is asked by a patient to authorize a prescription for a Schedule III controlled medication. Additional information reveals that he is currently the only person in the office. Although Jerry is a Licensed Practical Nurse and medical assistant, his training does not permit him to prescribe medications of any type. Medications may only by prescribed by licensed providers who hold a valid registration with the Drug Enforcement Administration. This is typically limited to physicians, physician assistants, and nurse practitioners. There does however, exist a situation win which it...
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...to inform the reader about the fraud and abuse of controlled substances being committed by physicians and pharmacies. Academic sources are the main reference point in this paper and they are used to give insight of the various ways that this crime can be committed. In addition, participant-observation research is included from the DEA diversion group who regulates controlled substance fraud. Lastly, this paper explains how this crime affects America and what is being done by the government to manage this problem. White Collar Crime: Abuse of Controlled Substances The abuse of controlled substances is so underrated in our community that a lot of people do not realize how they are being affected by it. I chose to write this topic because I am doing an internship with the Drug Enforcement Administration and I got a first hand look at the magnitude of this problem. This issue is important because we as citizens are all being affected by this issue and most people don’t realize it because it is not in the media as much as street drugs. After reading this paper, the reader will have more insight on what controlled substances are, the type of fraud that is being committed involving controlled substances, and the consequences of committing these fraudulent acts. Literature Review What is A Controlled Substance? Controlled substances are any drug or substance that can be placed into one of five different schedules...
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...chapters 9, 10 and 11 (there are 30 questions). Study guides should be utilized and individual companies or the battalion as a whole should discuss each question and the answer. 2. Students should take the on-line quiz over chapters 9, 10 and 11. Password is “fireengine”. 3. Study guides for Chapters 9, 10 and 11 as well as 12 and 13 must be completed. They will both be collected on Friday May 2nd. 4. If study guides are completed, students should read and answer the Review Questions for Chapter 12 on page 203 and Chapter 13 on page 218 of their textbook. These assignments will be collected. 5. If time allows, students may begin to review all study guides in preparation for upcoming final exam. In order to grasp the ramifications of illegal drug use by public service employees and the necessity of screening for the abuse of such substances by these individuals, it is necessary to have an understanding of how illegal drugs first became a problem in the United States. While substance abuse has challenged society for centuries, the abuse of illegal drugs in the United States dates back to relatively recent history. In America, drug addiction was a problem as far back in time as the original colonies when narcotic and opiate elixirs and treatments were being exported from England. Without any form of government regulation, let alone the medical knowledge necessary to understand the true nature of these substances, it is easy to understand how addiction became...
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...legislation of laws and polices discouraging any distributing, producing, and the consumption of substances. The students’ paper will focus on the federal and state legislation of marijuana. The student will compare and contrast similarities, and differences among the states of Arizona and California. The student will discuss current laws of each state and examine the proposition of legalization of marijuana. In addition the student will review the impact of legislation change at different levels of the current war on drugs in both the federal and state. The student will assess how legalization will affect asset forfeiture and if would be worthwhile. Starting in the United States of America in 1875 the city of San Francisco enacted a statute that prevented smoking opium (Schmalleger, 2010, p. 384). States quick to follow, the enactment of the Harrison Act in 1914 through medical professional was a requirement of the federal government to register and pay one dollar per year on the tax (Schmalleger, 2010 p. 384). Drug trafficking dealers not registered faced the penalty of prison time of five years and up to a fine of two thousand dollars (Schmalleger, 2010, p. 384). In 1920 the legal availability of heroin came to a halt as the courts considered heroin a prolonged addiction therefore as medical treatment was not qualified (Schmalleger, 2010, p. 384). The Controlled Substances Act (CSA) (21 U.S.C. & 811) regulates drugs under the federal government that do not distinguish...
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...an extremely deleterious effect on the healthy development of young people, especially. Due to the rapid increase in drug related crime and drug abusers in Asian countries, the establishment of effective countermeasures for demand and supply reduction are a pressing issue. In light of the above-mentioned situation, the United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI); and the Research Division of the Research and Training Institute, Ministry of Justice jointly conducted a comprehensive study on drug abuser treatment, from 2002 to 2004, entitled “Research on the Trends in Drug Abuse and Effective Measures for the Treatment of the Drug Abusers in Asian Countries - An Analysis of Innovative Measures for the Treatment of Drug Abusers”. The Asian countries included in the study are: China (Hong Kong), Korea, Malaysia, Singapore and Thailand. This is the first phase of the study on drug abuser treatment; the second phase, which begun last year, will cover Australia, Canada, the UK and the USA. UNAFEI is a United Nations regional institute, established in 1961 by agreement between the United Nations and the Government of Japan, with the aim of promoting the sound development of criminal justice systems and mutual cooperation in the world. The three main activities of UNAFEI are to hold training courses...
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...to manufacture, distribute and use these substances? The prohibition of these illicit substances as outlined in the Controlled Substances Act of the United States goes against all logic. Propaganda across the United States promotes the myth that psychotropic drugs impair moral judgment and is a cause of destructive deviant behavior. There is evidence that refutes this claim, illustrated by findings in several of the government’s own studies. The truth is that the majority that dabbles with these intoxicants is misrepresented by the media and politicians as delinquents, but are respectable citizens with jobs to work, bills to pay, and classes to attend, and are indistinguishable from the general population. Their use is not accounted for as many are reluctant to admit to it, due to the illegality and prejudice against use of controlled substances in our society. Such illicit substances must have some intrinsic value because of their continued use. Just as prescription pharmaceuticals can prove to be valuable in a specific context, so can all classes of illegal drugs. The poison is in the dose not the chemical itself. The unconstitutional War on Drugs in the United States needs to cease, because it is based on heresy and fear mongering. This calls for reeducation of the American people about the true nature of drugs; for this legalization and regulation of all the narcotics in question is necessary. The illegal status of the substances in question is a result of widespread misinformation...
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...Individual Ethics Case Study (Jerry McCall) Jerry McCall cannot legally or ethically justify refilling the patient’s last minute valium request and by doing so will set himself and his employer (Dr. Williams) up for possible legal and or civil ramifications. Jerry does have several suitable alternative courses of action he can pursue in an effort to solve the patient’s medical dilemma. These types of medicine refill issues occur routinely and it would be surprising if Dr. Williams didn’t have an office procedure already outlined for Jerry to follow, clearly written out in an SOP. Obviously the patient is pressuring Mr. McCall with societal reasons to break the rules and law, which in some communities, especially small towns where everybody tends to know each other or is still in that “good old boy” culture, the subtle threat of strained relations could sway someone in Jerry’s shoes to go against what his training as a Medical Assistant and Licensed Professional Nurse should have clearly and sternly taught him. Under no circumstances should he prescribe or refill medication, especially one that is a controlled substance in a non-life threatening or non-emergency situation. The patient is acting unethical by asking Jerry to do something that is against the law that could land him in jail along with opening up Dr. Williams to civil liabilities under the “doctrine of respondent superior”. Jerry would definitely be found negligent and possibly liable...
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... These people who are against legalizing medical cannabis typically have three main reasons as to why they disagree with legalizing it. These three main reasons are that marijuana is has no true medical benefits, that medical marijuana is already being abused by cardholders, and that marijuana is a gateway drug. Both sides have various supporting arguments, but with the evidence I have gathered, I believe that the legalization of medical marijuana is beneficial to those in need of it’s benefits. Ever since Congress placed medical marijuana in Schedule 1 of the Controlled Substances Act, 20 out of the 50 U.S. states have legalized the use of medical cannabis (ProCon.org). Marijuana was placed in the highest category of the Controlled Substances Act simply because it was believed to have “no accepted medical use.” Since 1972, when it was placed under the highest category of the Controlled Substances Act, studies have shown that marijuana contains cannabinoid compounds which do, in fact...
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...marijuana-related arrest occurs every forty-two seconds in the United States. The government conducted over 1.53 million drug-related arrests in 2011, 90% for possession alone, and nearly 50% due to marijuana (FBI Uniform Crime Report). State governments are currently responding to shifts in public opinion, especially given the recent legalizations that passed in Colorado and Washington. According to Gallup Polls, more Americans supported the legalization of marijuana than not in 2011 (50% vs. 46%). (Gallup). Despite this recent legalization development, state governments have had to justify their policies and legislations towards marijuana legalization given supporters economic, medicinal, criminal, legal and constitutional rights cases. For every case made in favor of legalization based on these factors, opponents, legislators, and law enforcement agencies, such as the Drug Enforcement...
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...divided on how to regulate these products in the market, causing much governmental controversy. There have been many groundbreaking and unprecedented court cases that have been shaping the public policy on which these substances stand on. These substances have an immediate and perilous effect on the health of all human beings. Tobacco is the leading cause of preventable death in the United States, alcohol causes impaired judgment and in turn causes people to do things that affect their health physically and emotionally, and marijuana has almost the same effect as alcohol. (New England Law) Health is the ultimate concern when studying these three substances, which would lead to the Family Smoking Prevention Act to survive the Hudson Test. The Granholm case would lead one to believe that states cannot discriminate against outsiders from sales, and the medical exceptions for marijuana are valid on the fact that it has a medical advantage to some citizens. I strongly believe that the federal government has a right to regulate certain aspects of these substances based upon the danger posed to the health of citizens. This paper will discuss certain court cases that shape my opinion for every substance. Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S 557 (1980) was an important case decided by the United States Supreme Court that laid out a four-part test for determining when restrictions on commercial speech violated the First Amendment...
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...an international treaty to prohibit production and supply of specific (nominally narcotic) drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research. As noted below, its major effects included updating the Paris Convention of 13 July 1931 to include the vast number of synthetic opioids invented in the intervening thirty years and a mechanism for more easily including new ones. From 1931 to 1961, most of the families of synthetic opioids had been developed, including drugs in whatever way related to methadone, pethidine, morphinans and dextromoramide and related drugs; research on fentanyls and piritramide was also nearing fruition at that point. Earlier treaties had only controlled opium, coca, and derivatives such as morphine, heroin and cocaine. The Single Convention, adopted in 1961, consolidated those treaties and...
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...and long term effects of psychedelic drugs on the brain, citing research from fifteen peer-reviewed sources. Within the paper are biological explanations of how psychedelics trigger various effects by interacting with serotonin and dopamine receptors. Following this are case studies in psilocybin mushrooms, salvinorum A, and dextromethorphan. Medical studies administering these psychoactive substances to participants illustrate classic hallucinogenic symptoms in the short term, as well as a heightened state of well-being in the long term. Given no pre-existing disorders and a controlled environment, one dosage of each drug generally made a positive impact in the subjects’ lives, even months later. Further research into the subject reveals the potential of psychedelic therapy in fields such as addiction rehabilitation, depression, and anxiety management. However, with these benefits comes a risk of temporary intense fear and substance addiction. Knowing this, patients should weigh the pros and cons before deciding to try any drug....
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...Ethics Case Study HCS/335 Ethics Case Study There are many situations in which ethics come into play, especially concerning the healthcare industry. Day-to-say operations require employees to know how to handle certain situation in the most ethical way possible. The refill of a controlled substance such as Valium, an antidepressant medication, is just one example of how knowing what the responsible and ethical thing to do can be crucial in the workplace. Jerry McCall currently works as an office assistant within the medical practice of Dr. Williams. Jerry has professional training as both a medical assistant and as an LPN. On this particular day Jerry is covering for a receptionist during their lunch break by answering any phone calls that the medical office receives. One of the phone calls that Jerry answers is in regards to a patient who states they must have a refill on their prescription od Valium. The patient states that the prescription must be called into his pharmacy right away because he is leaving for the airport in 30 minutes. The patient also states that Dr. Williams is a personal friend and always supplies him with valium when he has to fly. Jerry is currently the only employee at the office that can make the decision of what to do (Fremgen, 2009). The first thing that needs to be addresses in this situation is whether or not Jerry’s medical training qualifies him to issue the refill of this medication. Although Jerry has medical training...
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...stimulate the economy, the criminal court system would be free for more important cases, and users and sellers would no longer have to carry the stigma of a criminal conviction for the rest of their lives; any one of these things would help any one of us. The fact is that even if someone does not use marijuana they should reexamine their stance on the issue, and see that everyone can benefit from legalization. To examine this issue thoroughly everyone should know the history of marijuana prohibition in the United States. Although most states had local laws prohibiting marijuana use and possession, it was not until 1937 that the federal government passed the 1937 Marijuana Tax Act. The act itself did not criminalize the possession or usage of marijuana but instead levied a tax of approximately one dollar on anyone who dealt commercially in marijuana. The penalty provisions for violators of the proper procedures could result in a fine of up to $2000 and five years' imprisonment. The intended result of the 1937 Marijuana Tax Act was to effectively make it too risky for anyone to deal in the substance. (Solomon, 2005) In 1951 Congress passed the Boggs Act increasing penalties for all drug violators. The Boggs Act was the first time in federal drug legislation, that marijuana and narcotic drugs were lumped together. The states followed the federal lead. Then, in 1956, Congress passed the Narcotic Control Act, escalating the penalties even more, and the states followed once again....
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...Date Rape "Date rape", often referred to as acquaintance rape, is an assault or attempted assault usually committed by a new acquaintance involving sexual intercourse without mutual consent. The term date rape is widely used but can be misleading because the person who commits the crime might not be dating the victim. Rather, it could be an acquaintance or stranger. Drugs used by Attackers: Drug-facilitated date rape is the use of drugs to assist the attacker in a rape. The drug can be any substance that is physical or mind altering. Drug facilitated sexual assault (DFSA), which is considered an umbrella term for crimes such as drug-facilitated date rape, differs from many rapes in that it is not typically a crime of physical violence but rather of sexual hedonism and entitlement. Though flunitrazepam (Rohypnol) is often cited as a date rape drug because of its high potency, strong effects and the ability to cause strong amnesia during its duration of action, investigations into its actual use as a date rape drug have contradicted popular belief. According to research conducted by Michael Robertson from the San Diego Medical Examiner's office and Dr. Mahmoud El Sohly of El Sohly Laboratories, test results indicated that flunitrazepam was only used in around 1% of reported date rapes according to Robertson and 0.33% according to urine lab tests done by El Sohly. In fact, the benzodiazepines midazolam and temazepam were the two most common benzodiazepines utilized for...
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