News & Analysis as of

Drug & Alcohol Abuse

FDA Approves First-Ever Mobile App for Addiction Treatment

by Knobbe Martens on

The FDA recently approved the marketing of the first-ever prescription digital therapeutic to be used in the treatment of substance use disorder (SUD)....more

Citing the Opioid Abuse Epidemic, New Jersey Proposes Far-Reaching Restrictions on Pharma-Prescriber Interactions

by Stinson Leonard Street on

In an effort to curtail the opioid abuse epidemic, New Jersey Governor Chris Christie proposed a new rule on August 31, 2017 that would make New Jersey the latest state to adopt "gift ban" type restrictions on interactions...more

Quest Diagnostics Report Reveals That Prescription Drug Misuse Remains Widespread

by Jackson Lewis P.C. on

A new Quest Diagnostics report released on September 6, 2017 reveals that over 50% of drug test results showed evidence of misuse of prescription drugs. The report, entitled “Prescription Drug Misuse in America: Diagnostic...more

Opioid Epidemic Declared a National Emergency; Proposed Law Calls for Mandatory E-Prescribing of Controlled Substances to Curb...

by Dorsey & Whitney LLP on

Today, in a move that is widely supported by those in both political parties and across the country, President Trump declared the opioid epidemic a national emergency. Doing so will allow for additional resources to be used...more

Antidotes for America’s Addiction Crisis

Opioid addiction and abuse has exploded into a national epidemic. Every three weeks, America faces a death toll equivalent to the September 11th attacks due to drug overdoses, 75 percent of which are from opioid use. ...more

Worth Another Look: Children of the Opioid Epidemic

In January of 2017, the National Conference of State Legislatures (NCSL) published a list of the top 10 issues that will be before state legislatures across the nation this year. While we’re just over a quarter of the way...more

DOJ and OIG Focus on Opioid Abuse: Medical Professionals Who Overprescribe May Be Targets

by Foley & Lardner LLP on

Two recent announcements reflect that the U.S. Government is taking aggressive steps to address opioid abuse by identifying and targeting the involvement of medical professionals in facilitating opioid abuse involving Federal...more

Medical Board of California Circulates Opioid Prescriber Guidance

by Nossaman LLP on

Recently, the Medical Board of California circulated an open letter, known as a Prescriber Guidance Letter to all practitioners in California who prescribe opiates. The letter was authored by a statewide workgroup on...more

Connecticut Enacts Legislation Intended to Curb Opioid Drug Abuse

by Robinson & Cole LLP on

On June 30, 2017, Connecticut Governor Dannel P. Malloy signed into law An Act Preventing Prescription Opioid Diversion and Abuse (Public Act No. 17-131). This legislation addresses opioid drug abuse in Connecticut by...more

Connecticut Enacts Legislation Intended to Curb Opioid Drug Abuse

On June 30, 2017, Connecticut Governor Dannel P. Malloy signed into law An Act Preventing Prescription Opioid Diversion and Abuse (Public Act No. 17-131). This legislation addresses opioid drug abuse in Connecticut by...more

NJ Gov. Chris Christie Seeks to Ease HIPAA Restrictions in Cases of Opioid Overdose

Last week, New Jersey Governor Chris Christie told reporters that he is in talks with representatives from the U.S. Department of Health and Human Services and the U.S. Department of Justice about easing HIPAA restrictions in...more

The Joint Commission Releases Pain Assessment and Management Requirements

The Joint Commission (TJC) recently released new and revised pain assessment and management standards and elements of performance for its hospital accreditation program. These standards, effective January 1, 2018, follow an...more

Avoiding Diversion: New Tennessee Law Imposes Potential Obligations on Employers When Healthcare Providers Fail Drug Tests

Tennessee lawmakers are cracking down on nurses and other healthcare providers (HCPs) diverting medications for personal use. A law going into effect on July 1, 2017, (yes—next week) puts an obligation on employers of HCPs...more

Supreme Court Upholds Termination for Breach of Drug and Alcohol Policy

by Bennett Jones LLP on

The Supreme Court of Canada’s decision in Stewart v. Elk Valley Coal Corp., 2017 SCC 30 is good news for employers. The Court upheld the prior decisions of the Alberta Court of Appeal and Alberta Human Rights Tribunal,...more

OIG Report Details Decline in Healthcare Fraud Recoveries

by King & Spalding on

Last week OIG released its semiannual report to Congress, which details the results of OIG’s operations for the first half of the 2017 federal fiscal year. Healthcare fraud recoveries by OIG totaled $2.04 billion during the...more

Drug Companies – Peddlers of opiates?

Opioids put nearly 1.3 million people in the hospital in one year. Yet another example of the devastating effects of Fentanyl and other opiate abuse in our country. We have had a front row seat to this epidemic in Palm...more

Sobering Results: Recent Study Suggests Drug Use Is Up Among American Workers

A recent study conducted by the drug testing company Quest Diagnostics indicates that the rate of positive drug test results among the U.S. workforce is at a 12-year high, driven by increased cocaine, amphetamines, and...more

Supreme Court of Canada Rules No Discrimination for Termination of Drug Addicted Employee

On June 15, 2017, the Supreme Court of Canada (SCC) released its decision in Stewart v. Elk Valley Coal Corp. (Stewart). Stewart is a welcome decision for employers looking to improve and enforce alcohol and drug policies in...more

NJ Gov. Chris Christie Seeks to Ease HIPAA Restrictions in Cases of Opioid Overdose

Last week, New Jersey Governor Chris Christie told reporters that he is in talks with representatives from the U.S. Department of Health and Human Services and the U.S. Department of Justice about easing HIPAA restrictions in...more

SCC upholds employer's "no free accident" alcohol and drug policy: Stewart v Elk Valley

by Dentons on

On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v Elk Valley Coal Corp. (2017 SCC 30). This is a landmark decision, reinforcing the right of employers to take proactive risk mitigation and...more

Employment Law - June 2017 #2

Class Certification Denial Reversed in Wake of Augustus - Why it matters - Applying the California Supreme Court’s recent decision in Augustus v. ABM Security Services, a California appellate panel reversed a trial...more

Labour and Employment Alert: SCC Finds No Discrimination for Terminating Employee in Alberta Drug Addiction Case

by Field Law on

On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. and upheld the Alberta Court of Appeal’s ruling that an employer can terminate an employee for breaching a drug and...more

Ohio sues Big Pharma firms over harms of opioid drug abuse epidemic

With more than 4,000 overdose deaths last year alone and a fifth of its residents having received prescriptions for powerful painkillers, the state of Ohio has sued five Big Pharma companies, accusing them of mispresenting...more

Casino Employee’s ADA Claims Dismissed Due To Current Drug Use

by Jackson Lewis P.C. on

A federal court in Nevada dismissed a casino employee’s American with Disabilities Act (“ADA”) claims — even though he had been treated for substance abuse in the past — because he admitted to current drug use which is not...more

New FDA Commissioner Hits the Ground Running

by Foley & Lardner LLP on

Fresh off his noticeably smooth confirmation, the new Commissioner of Food and Drugs, Dr. Scott Gottlieb, appeared before Congress last Thursday and unveiled his strategic initiatives and priorities for the Trump Food and...more

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