Administrative Law | Thompson Burton PLLC

Use Only As Directed: Medical Renegades Push the Envelope for Unconventional Rx Uses

By Alex Scarbrough Fisher, February 13 2014

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One problem body builders encounter when increasing their testosterone levels is that estrogen increases as a natural byproduct. A solution that body builders have found? Using breast cancer drugs such as Arimidex, which acts to inhibit the synthesis of estrogen. Today, anti-estrogens are only marketed for use in the treatment of breast cancer. However, despite a concern that physicians are prescribing anti-estrogens for unintended purposes, or that body builders are purchasing them online through unregulated means, it seems that such drugs do, in fact, do a pretty good job of blocking estrogen, which allows for the increase of testosterone in proportion to estrogen, and thus, allow a body builder to gain more muscle. The point is, even if anti-estrogens are marketed for breast cancer treatment, they are also effective at helping body builders grow muscle. Through the free market system, those willing to take a risk on experimentation have found […]

How Little Does the Government Have to Prove to Revoke Your Medical License?

By Alex Scarbrough Fisher, January 14 2014

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This post looks at the legal standard required to prove facts in a contested case hearing in order to impose discipline on a physician or nurse. Even though this delves into more technical legal concepts than normal on this blog, it’s significant to understand how much, or rather, how little, the Department of Health has to prove in a licensure action against a health care practitioner. Burden of Proof In a contested case hearing involving a discipline action brought against one’s medical or nursing license, the Department of Health carries the burden of proof. The burden of proof is the legal term used to describe the threshold a party seeking to prove a fact has to reach in order to have the fact legally established. In a criminal court case, the burden of proof the prosecutor has to reach to establish facts is that of beyond a reasonable doubt. In […]

Spotlight on the Tennessee Medical Foundation

By Alex Scarbrough Fisher, December 8 2013

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Dr. Roland Gray is the medical director of the Tennessee Medical Foundation, which offers professional assistance to physicians suffering from chemical dependence, mental or emotional illness. He took a few minutes to sit down with me last week and explain the mission of the Tennessee Medical Foundation (“TMF”), as well as the services it offers to physicians across the state. The Tennessee Medical Foundation exists to serve physicians across the state of Tennessee. Friends, family members, or business partners refer the majority of the clients to TMF, while a minority of physicians become clients after referral by their attorney or the Board of Medical Examiners. Who Does the Tennessee Medical Foundation Help? Most physicians who seek assistance from the TMF suffer from alcohol or substance abuse. Once a physician is referred to TMA, he or she undergoes assessment, and in the case of a chemical dependency, will be recommended to […]

What Doctors Need to Know About Prescribing Controlled Substances

By Alex Scarbrough Fisher, November 19 2013

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Most physicians are aware of the increased regulations surrounding the prescribing of controlled substances. Just this year in the state of Tennessee, the Tennessee Department of Health began requiring providers to register with the Tennessee Controlled Substance Monitoring Database, new state legislation dictated that opioids and benzodiazepines cannot be dispensed in quantities greater than 30-day supplies, and physicians are required to report prescription drug overdose deaths beginning later this month. Tennessee is not alone in the strong position the government has taken against the abuse of prescription drugs. What do you as a physician need to know to avoid legal pitfalls surrounding the prescribing of controlled substances? Is it Fair to Regulate Healthcare Providers Rather than Prescription Drug Abusers? First, it is important to note that the majority of the legislation regarding the prescribing of controlled substances is targeted at healthcare providers rather than at the abusers of these substances. […]

10 Ways to Avoid Losing your Medical License: Part III

By Alex Scarbrough Fisher, October 21 2013

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This is the third article in a three part series designed to inform physicians and other health care providers about proactive steps that can be taken to avoid licensure discipline by the Department of Health. 7. Maintain proper medical records. A physician should ensure that he has records of a patient visit including a healthcare provider evaluation every time he writes a prescription for a patient, particularly if the prescription is for a controlled substance. If a physician’s office has not done so already, they should consider implementing an electronic health records system. Electronic records cannot be lost or misplaced the way that paper records can. Additionally, electronic records are time stamped with the exact day and time the information about a patient was entered into the record, which prevents discrepancies in record keeping or confusion over when a visit or prescription was recorded. 8. Complete your Continuing Medical Education courses […]