By Christopher A. Parrella, Esq., CPC, CHC, CPCO, Healthcare Attorney

Introduction
On September 15, 2023, the U.S. Attorney’s Office for the District of New Hampshire announced the indictment of Dr. Robert G. Soucy Jr., a doctor practicing in Columbia, New Hampshire. Dr. Soucy was indicted on 12 counts of distributing controlled substances, including opioids and benzodiazepines, outside the usual course of professional practice and without a legitimate medical purpose. This case serves as a stark reminder for healthcare providers about the importance of compliance with federal laws and regulations related to the distribution of controlled substances.

Background: The Case of Dr. Robert G. Soucy Jr.
Dr. Soucy was charged with unlawfully distributing various controlled substances such as fentanyl, oxycodone, hydromorphone, methadone, lorazepam, and diazepam. He recently surrendered his Drug Enforcement Administration (DEA) registration and also did not renew his medical license. As a result, Dr. Soucy is no longer permitted to prescribe controlled substances. If convicted, he could face a maximum penalty of 20 years in prison for each count.

The Role of the New England Prescription Opioid (NEPO) Strike Force
This case was led by the NEPO Strike Force, a joint law enforcement effort aiming to identify and investigate healthcare fraud schemes in the New England region. The Strike Force targets illegal conduct by medical professionals, focusing on both healthcare fraud and drug diversion offenses.

Legal Implications and Compliance
Healthcare providers must adhere to the federal and state laws governing the distribution of controlled substances. Failure to comply can lead to severe consequences, including:

• Strict Adherence to Regulations: Always operate within the scope of federal and state laws regarding the prescription of controlled substances.
• Documentation: Maintain accurate records that can substantiate the medical necessity of any prescription.
• Regular Training: Stay updated on evolving regulations and ensure that staff members are trained accordingly.
• Consult Compliance Experts: Given the complexity of healthcare laws, it is wise to seek advice from healthcare compliance attorneys or experts.

Conclusion
The indictment of Dr. Soucy serves as a sobering reminder of the critical role that compliance plays in healthcare, especially when it comes to the prescription of controlled substances. Strict adherence to laws and regulations is not just a legal requirement but a moral imperative to ensure patient safety and the integrity of the healthcare system.

Disclaimer: The information provided in this blog post does not constitute legal advice. Healthcare providers should consult with a healthcare compliance attorney for advice on their unique circumstances.