Tougher penalties, but are they used?

The health department doesn’t know how many doctors accused of inappropriately prescribing pain medication can still give out pain pills. The Sun Sentinel found out by reviewing hundreds of unresolved cases.

The pending cases include a Fort Lauderdale doctor who was charged by the health department six years after he was first investigated; a Naples-area doctor accused of writing painkiller prescriptions while his license was suspended; and a Clearwater doctor with three open cases, each more than five years old.

Dalton said health department prosecutors prioritize cases based on the severity of the allegations, whether there are multiple accusations against a doctor or if a doctor has been disciplined before.

“We take very seriously our role in the protection of Florida’s patients and our duty to follow the law in the fair investigation and prosecution of any health care provider we license,” he said.

One of the ways state lawmakers have tried to address Florida’s painkiller problem over the past decade is by stepping up enforcement penalties.

A 2011 state law added a special punishment for doctors found to have inappropriately doled out pain medication, requiring state boards to issue a minimum six-month suspension and $10,000 fine. Repeat offenders are supposed to get extra penalties.

But the health department cannot say how often the new punishment has been used — or if it has been used at all.