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Violation of the Narcotics Control Act (psychotropic drugs)
Violation of the Narcotics Control Act (psychotropic drugs)Non-referral

Medical Attorney | Charge of Violating the Narcotics Control Act Arising from Sedation Procedures, Non-Referral Decision

A medical attorney assisted a client, a dentist, who was charged with violating the Narcotics Control Act in connection with sedation procedures.

As a result of the medical attorney's assistance, the investigative authorities issued a non-referral decision.

1. The Client Who Requested a Consultation with a Medical Attorney

medical attorney violation of the Narcotics Control Act non-referral decision case

The client who requested a consultation with a medical attorney was a dentist.

Circumstances of the Case

The client had been providing treatment centered on implant and extraction procedures, and given the painful nature of these procedures, sedation was frequently used alongside them.

In particular, one patient continually requested treatment under sedation due to a fear of dental treatment and the burden of pain, and considering the patient's condition, the client came to repeatedly carry out treatment accompanied by sedation over a certain period.

Afterward, as the number of sedation procedures for this patient accumulated, the investigative authorities suspected that the administration might have gone beyond a therapeutic purpose, and taking issue with the frequency of sedation use, the intervals between sessions, and certain aspects of the record-keeping process, they referred the client on a charge of violating the Narcotics Control Act.

Because, if the charge were recognized, it could affect not only criminal punishment but also the maintenance of the client's medical license, the client urgently requested the assistance of a medical attorney.

The Assistance of the Medical Specialist Attorney

Proof of the Medical Necessity of Sedation

In order to prove the degree of pain involved in implant and extraction procedures and the patient's symptoms of dental phobia, the medical attorney secured the medical records and the consultation records and presented medical grounds showing that sedation was necessary in the course of the procedures.

In addition, explaining through relevant guidelines and literature that sedation techniques are a treatment method commonly used in dental procedures, the attorney emphasized that the administration was a legitimate medical act for a therapeutic purpose rather than a matter of convenience.

Proof of the Lawfulness of the Administration Records and the Management Process

The medical attorney secured the medical records and the data from the Integrated Narcotics Management System and cross-checked and organized, one by one, the patient's visit dates, procedure dates, and the points of administration.

On this basis, the attorney explained that the number of administrations during the specific period that the investigative authorities had taken issue with had in fact been carried out in accordance with the stage-by-stage schedule of the implant procedures.

Furthermore, the attorney explained that differences between the time of the electronic data entry and the time of the actual procedure could make certain records appear concentrated, and by confirming through the data that there had been no changes to or deletions of prescriptions, emphasized that there was no intentional concealment or manipulation.

Argument That the Repeated Procedures Were Part of a Course of Treatment and That Intent Was Absent

The medical attorney secured the patient's visit records and the records of consultations on the course of treatment and organized them to show that the repeated procedures were carried out in accordance with a long-term treatment plan.

In addition, presenting as grounds the circumstances in which the patient had continually complained of pain and anxiety, the attorney explained that the client had chosen sedation in consideration of the patient's condition.

2. Result of the Medical Attorney's Assistance: A Non-Referral Decision

As a result of the medical attorney's assistance, the investigative authorities considered the following points.

1. The fact that sedation was used as necessary to relieve pain in the course of the implant and extraction procedures

2. The fact that the medical records and the narcotics management data were consistently confirmed, and no circumstances of concealment or manipulation were found in the administration process

Accordingly, a non-referral decision was issued for the client.

3. Points to Note Regarding a Violation of the Narcotics Control Act, as Explained by a Medical Attorney

Psychotropic substances are classified into stages, from category (a) through category (e), according to their risk to the human body when abused and their potential for medical use.

In addition, Article 2, subparagraph 3 of the Narcotics Control Act defines these as substances that affect the human central nervous system and that, when misused or abused, may cause serious harm to the body.

Classification of Psychotropic Substances

Category

Description

Category (a)

Substances with a very high risk of misuse and abuse and that are not used for medical purposes

Examples: dimethoxybromoamphetamine, bufotenine, etc.

Category (b)

Substances with a high risk of misuse and abuse and for which medical use is permitted only on a limited basis

Examples: amphetamine, methamphetamine, etc.

Category (c)

Substances with a lower risk of misuse and abuse than categories (a) and (b) and that are used for medical purposes

Examples: allobarbital, barbital, etc.

Category (d)

Substances with a lower risk of misuse and abuse than category (c) and that are widely used for medical purposes

Examples: zolpidem, propofol, alprazolam, etc.

Category (e)

Substances in the form of mixtures containing the substances of categories (a) through (d)

The Level of Punishment

Category

Principal Acts

Level of Punishment

Category (a)

Import and export, manufacture, sale, inducement, solicitation, or arrangement

Life imprisonment or imprisonment for at least five years

Possession, ownership, use, or management

Imprisonment for a definite term of at least one year

Provision of a place, facility, equipment, funds, or means of transport

Imprisonment for up to ten years or a fine of up to 100 million won

Category (b)

Import and export

Life imprisonment or imprisonment for at least five years

Sale, inducement, solicitation, or arrangement, receipt, possession, use, and other general acts, as well as the issuance of prescriptions

Imprisonment for up to ten years or a fine of up to 100 million won

Category (c)

Manufacture or import and export

Imprisonment for a definite term of at least one year

Sale, inducement, solicitation, or arrangement, receipt, possession, use, and other general acts, as well as the issuance of prescriptions

Imprisonment for up to ten years or a fine of up to 100 million won

Category (d)

Manufacture or import and export

Imprisonment for up to ten years or a fine of up to 100 million won

Sale, inducement, solicitation, or arrangement, receipt, possession, use, and other general acts, as well as the issuance of prescriptions

Imprisonment for up to five years or a fine of up to 50 million won

Where a medical professional handles or manages psychotropic substances without a legitimate medical purpose, the level of punishment may vary according to the classification of the substance, so particular care is required.

4. Medical Attorney: A Specialist Attorney's Strategy for Charges of Violating the Narcotics Control Act

A medical attorney carefully examines the applicable statutes and the elements of the offense for charges of violating the Narcotics Control Act, organizes the facts through objective materials, and proceeds with a response that meets the standards by which the investigative authorities make their judgment.

In addition, by comprehensively analyzing the course of treatment and the circumstances of administration, the attorney responds strategically so as to be able to explain the legitimacy of the medical act and the lawfulness of the management process.

▶ Checking for any inconsistency between the content of statements at the early stage of the investigation and previously submitted materials, and diagnosing statement-related risks

▶ Linking each patient's procedure history with payment records to build materials proving the necessity of administration and the continuity of treatment

▶ Reconstructing the stage-by-stage progress of procedures for any period that appears to involve concentrated administration

▶ Organizing materials explaining the appropriateness of the management system, reflecting the method of narcotics management and the internal operational structure of the hospital

If you are in a situation requiring a response to a charge of violating the Narcotics Control Act, 🔗please consult a medical attorney to prepare your response.

의료변호사 | 수면마취 시술로 인한 마약류관리법 위반 혐의, 불송치 결정

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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