Ninth Circuit Issues Disappointing Ruling on Terminally Ill Patients and Psilocybin
Ninth Circuit sides with DEA on doctors petition to seek waiver under Right to Try laws
Ketamine Clinics and Malpractice: Recent New York Litigation
Many ketamine clinics in the United States offer treatments for various behavioral health conditions, including depression. However, many healthcare providers who work for these clinics are not trained in psychiatry and/or counseling. There are various legal issues with this type of fact pattern. Among other things, are healthcare providers who are not trained in psychiatry
DEA Retreats on Five Psychedelic Compounds
Friday was a great day for psychedelics. More generally, Friday was a great day for science and medicine, the rule of law and rational inquiry. This is because the DEA backed down on its clumsy attempt to ban five more psychedelic substances (tryptamines), which it had moved to place on Schedule I of the federal
Utah Ketamine Clinics Face New Patient Monitoring Law
Earlier this year, Utah passed a law that will directly impact ketamine clinics. The new law is entitled “Anesthesia and sedation requirements – Unprofessional conduct – Whistleblower protection.” Ut. St. § 58-1-510. The new law is effective as of May 4, 2022, but the implementing regulations have been passed or implemented yet. We believe that
Ketamine Clinics: Does a Physician’s Specialty Matter?
Ketamine clinics are run by various provider types in the United States. In some states, mid-level practitioners (e.g., Nurse Practitioners and Physician Assistants) can practice independently. In other states, such providers can only work independently if they are supervised or overseen by a physician. However, the question then becomes whether any physician can run a
RICO and Psychedelics
RICO (or the federal Racketeer Influenced and Corrupt Organizations Act) has been a thorn in the foot for cannabis companies since, well, the dawn of cannabis companies. RICO will be just as annoying for psychedelics companies. Today I will explain what RICO is and why RICO and psychedelics will have a rocky relationship. What is
The Corporate Practice of Medicine Doctrine: Dead or Alive for Arizona Ketamine Clinics?
As we have written about before, the corporate practice of medicine doctrine (“CPOM”) is a creature of state law (click here to review a prior post on CPOM). While some states do not have a CPOM doctrine (like Florida), other states have very strict CPOM doctrines (like New York and California). At its core, CPOM
Ketamine Clinics: What is a “Referral” Under the Federal Anti-Kickback Statute?
In a prior post, we discussed the federal anti-kickback statute (the “AKS”) and the implications for ketamine clinics. In short, the federal AKS prohibits anyone from paying or receiving anything of value for the referral of patients where a federal government healthcare payment program is the payor (e.g., Medicare, Medicaid, VA, etc.). 42 U.S.C. §
Another Win for Religious Use of Psychedelics: New Hampshire v. Mack
We’ve written a lot recently about the law concerning the religious use of psychedelics (see here and here). This is an incredibly broad area of the law that is still developing. Our focus has generally been on the federal laws and decisions affecting religious use of psychedelics, though today we turn our attention to an
Ketamine Litigation: Oregon Hospital and Pharmacy Face $8.2 Million Medical Negligence Lawsuit
A few weeks ago, we wrote about the proliferation of ketamine clinics in the United States and the logistics and legalities of operating a ketamine infusion clinic. As we explained, the only FDA approved use of ketamine is for the induction and maintenance of anesthesia, though it also used for off-label infusions in the management