Keckley Report July 5, 2022
The Supreme Court ended its 2021-2022 term issuing 58 rulings including 2 last week with immediate consequence to the healthcare industry:
· Xiulu Ruan v. United States (20-1410) June 27, 2022: Per SCOTUS: “For the crime of prescribing controlled substances outside the usual course of professional practice in violation of 21 U. S. C. §841, the mens rea “knowingly or intentionally” applies to the statute’s “except as authorized” clause.”
Immediate implication: This case involved two physicians accused of running opioid “pill mills. The court essentially gave prescribers of opioid/painkillers a level of protection against lawsuits based on a ‘good faith’ defense that protects a physician from prosecution under the federal Controlled Substances Act. Xiulu Ruan and Shakeel Kahn had been...
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