Attorney for Federal Ketamine Clinic Compliance and Defense
Federal Authorities are Aggressively Scrutinizing Ketamine Clinics and Their Owners. If You Own a Ketamine Clinic, You Need to Ensure That You Are Compliant with All Applicable Laws and Regulations—and You Need to Be Prepared to Defend Against Federal Charges if Necessary.
The U.S. Department of Justice (DOJ) and other federal law enforcement authorities are aggressively targeting the owners of ketamine clinics across the country. These authorities have identified ketamine clinics as a potential source of widespread prescription drug diversion, and they are taking action to bring these clinics and their owners to justice.
If you own a ketamine clinic or are thinking about opening a ketamine clinic, you need to ensure that you are fully aware of the risks involved. While ketamine is a Schedule III drug, it is still a dangerous drug with a high potential for abuse.
“Illegally operating clinics that dispense controlled substances and contribute to the addiction crisis will be prosecuted to the fullest extent of the law.”
Understanding the Legal Risks that Come with Owning a Ketamine Clinic
1. Prescribing Ketamine for Non-Medical Purposes
Like all prescription drugs, ketamine and ketamine-based medications can only be prescribed for medical purposes. If a clinic’s owners or physicians are prescribing ketamine for non-medical purposes, they can face civil or criminal charges under the Controlled Substances Act.
2. Prescribing Ketamine Without Adequate Documentation of Medical Necessity
The Controlled Substances Act also requires adequate documentation of medical necessity. Ketamine clinic owners must have comprehensive policies and procedures in place for ensuring adequate documentation.
3. Prescribing Ketamine in Excessive Amounts
When treating patients with ketamine, it is critical to ensure that patients receive the correct doses of the drug. Prescribing ketamine in excessive amounts can lead to scrutiny from the DEA.
4. Prescribing Ketamine Without a Valid DEA Registration
All ketamine clinics must be registered with the DEA. Prescribing ketamine without a valid DEA registration is a federal crime that carries up to five years of federal prison time.
5. Billing Medicare for Medically-Unnecessary Ketamine Treatments
Billing Medicare for medically-unnecessary ketamine treatments can lead to prosecution under the federal healthcare fraud statutes.
6. Prescribing Ketamine to Patients Without an In-Person Evaluation
Under the Controlled Substances Act, there is still a general prohibition on prescribing Schedule III drugs via telemedicine, though there are some exceptions.
7. Storing Ketamine in an Insecure Location
The Controlled Substances Act and DEA regulations require substance registrants to store controlled substances securely.
8. Failing to Maintain Adequate and Accurate Prescription Records
Maintaining adequate and accurate prescription records is a fundamental aspect of compliance with the Controlled Substances Act.
Contact Spodek Law Group
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Written By
Todd Spodek
Todd Spodek is the Managing Partner of Spodek Law Group P.C. He is a second-generation trial attorney who has been recognized as one of the Top 100 Trial Lawyers in the country. He has represented clients in some of the highest-profile federal criminal cases in the Eastern District of Pennsylvania and beyond.
