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Doctor and Clinic Reviews
Supreme Court's 9-0 Ruan ruling is a win for TRT clinics
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<blockquote data-quote="xqfq" data-source="post: 226885" data-attributes="member: 38167"><p>Ruling itself:</p><p></p><p><a href="https://www.supremecourt.gov/opinions/21pdf/20-1410_1an2.pdf" target="_blank">https://www.supremecourt.gov/opinions/21pdf/20-1410_1an2.pdf</a></p><p></p><p>Cato Institute (libertarian think tank) summary: <a href="https://www.cato.org/blog/scotus-vacates-appeals-court-decision-ruan-vs-united-states-america" target="_blank">Supreme Court Sets Higher Bar for Prosecuting Doctors Who Prescribe Opioids for Pain</a></p><p></p><p>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 <em>actually </em>unauthorized, rather than rely on a more hand-wavey "unreasonable" standard.</p><p></p><p>My reading (not a lawyer, etc!) -</p><p></p><p>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.</p><p></p><p><strong>If the government wishes to prosecute a doctor for prescribing testosterone, they must prove beyond a reasonable doubt that the doctor <em>knowingly and willingly</em> 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."</strong></p><p></p><p>The summary opinion above is readable - well worth a quick read if interested.</p></blockquote><p></p>
[QUOTE="xqfq, post: 226885, member: 38167"] Ruling itself: [URL]https://www.supremecourt.gov/opinions/21pdf/20-1410_1an2.pdf[/URL] Cato Institute (libertarian think tank) summary: [URL='https://www.cato.org/blog/scotus-vacates-appeals-court-decision-ruan-vs-united-states-america']Supreme Court Sets Higher Bar for Prosecuting Doctors Who Prescribe Opioids for Pain[/URL] 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 [I]actually [/I]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. [B]If the government wishes to prosecute a doctor for prescribing testosterone, they must prove beyond a reasonable doubt that the doctor [I]knowingly and willingly[/I] 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."[/B] The summary opinion above is readable - well worth a quick read if interested. [/QUOTE]
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Doctor and Clinic Reviews
Supreme Court's 9-0 Ruan ruling is a win for TRT clinics
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