xqfq
Active Member
Ruling itself:
https://www.supremecourt.gov/opinions/21pdf/20-1410_1an2.pdf
Cato Institute (libertarian think tank) summary: Supreme Court Sets Higher Bar for Prosecuting Doctors Who Prescribe Opioids for Pain
It seems like this decision is a win for HRT clinics and all doctors who prescribe controlled substances. In order to prosecute doctors, the Federal government must now prove their prescribing was actually unauthorized, rather than rely on a more hand-wavey "unreasonable" standard.
My reading (not a lawyer, etc!) -
So doctors who prescribe a lot of e.g. testosterone to all of their patients are no longer at risk of prosecution merely for the act of prescribing a lot of testosterone.
If the government wishes to prosecute a doctor for prescribing testosterone, they must prove beyond a reasonable doubt that the doctor knowingly and willingly prescribed testosterone in an unauthorized manner. The government must produce beyond-a-reasonable-doubt evidence of an unauthorized prescription, not merely rely on whether or not an "ordinary doctor" would consider such prescription as reasonable, or whether the doctor's general conduct (e.g. prescribing a lot in general, only prescribing testosterone, etc) is "reasonable."
The summary opinion above is readable - well worth a quick read if interested.
https://www.supremecourt.gov/opinions/21pdf/20-1410_1an2.pdf
Cato Institute (libertarian think tank) summary: Supreme Court Sets Higher Bar for Prosecuting Doctors Who Prescribe Opioids for Pain
It seems like this decision is a win for HRT clinics and all doctors who prescribe controlled substances. In order to prosecute doctors, the Federal government must now prove their prescribing was actually unauthorized, rather than rely on a more hand-wavey "unreasonable" standard.
My reading (not a lawyer, etc!) -
So doctors who prescribe a lot of e.g. testosterone to all of their patients are no longer at risk of prosecution merely for the act of prescribing a lot of testosterone.
If the government wishes to prosecute a doctor for prescribing testosterone, they must prove beyond a reasonable doubt that the doctor knowingly and willingly prescribed testosterone in an unauthorized manner. The government must produce beyond-a-reasonable-doubt evidence of an unauthorized prescription, not merely rely on whether or not an "ordinary doctor" would consider such prescription as reasonable, or whether the doctor's general conduct (e.g. prescribing a lot in general, only prescribing testosterone, etc) is "reasonable."
The summary opinion above is readable - well worth a quick read if interested.
Last edited by a moderator:
