Opioids and Other Controlled Substances: Minimizing the Risks in Prescribing, Dispensing and Administering

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, January 17, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to healthcare counsel on the legal challenges and liability risks facing practitioners and pharmacists related to prescribing and dispensing controlled substances. The panel will discuss the enforcement environment and steps to minimize legal risks.


In 2017, the president officially declared the opioid crisis a national emergency. The rise in prescription opioid-related overdose deaths has increasingly led to liability and sanctions against those prescribing and dispensing the drugs. This crisis has increased focus on opioids by healthcare providers, law enforcement and the government. Physicians and other prescribing providers must carefully evaluate a patient’s need for opioids and thoroughly document the reasoning for a prescription.

Proper documentation, prescribing and dispensing of controlled substances is the responsibility of the prescribing practitioner; the pharmacist has a corresponding liability. Practitioners and pharmacies who fail to meet the standards face malpractice claims, licensing suspensions and sanctions by state authorities, and criminal charges, sanctions, and suspensions under various federal and state laws.

Healthcare attorneys must counsel clients on implementing safeguards into their practice to minimizing liability risks.

Listen as our authoritative panel examines legal challenges facing practitioners and pharmacists due to prescribing and dispensing opioids. The panel will offer guidance on steps to minimize the risks and review the current enforcement environment.



  1. Legal challenges facing providers
    1. Regulatory environment
    2. Prescribing via telemedicine
    3. Electronic prescriptions/E-authentication
  2. Steps to minimize risks of liability/risk management strategies
    1. Prescription drug monitoring
    2. Documentation
  3. Enforcement
    1. Federal laws
    2. State laws
    3. State licensing authorities


The panel will review these and other key issues:

  • What safeguards should physicians and other prescribing providers put in place in their prescription practice to minimize opioid-related liability risks?
  • How is the current enforcement environment impacting prescribing practices?
  • Does prescribing opioids using telemedicine create legal risks for healthcare providers?


Flood, Brian
Brian G. Flood

Husch Blackwell

Mr. Flood practices in the firm’s Healthcare, Life Sciences & Education Group. Prior joining the firm, he was...  |  Read More

Sayles, Bradley
Bradley J. Sayles

Of Counsel
Nelson Mullins Riley & Scarborough

Mr. Sayles assists clients in navigating the highly regulated healthcare landscape to ensure they are compliant with...  |  Read More

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