Trust Me, I’m a Doctor: Prescriptions and Professional Legitimacy in Contemporary Medicine. Ruan v. United States
Document Type
Oral Presentation
Event Website
https://source2022.sched.com/
Start Date
19-5-2022
End Date
19-5-2022
Keywords
Prescriptions, Medical, Professional Practice
Abstract
Pursuant to 21 U.S.C. 841 (a)(1), it is unlawful for any person to knowingly or intentionally distribute or possess with the intent to distribute a controlled substance. In Ruan v. United States, petitioner, Xiulu Ruan, was convicted of three counts of conspiring to unlawfully distribute controlled substances, five counts of unlawfully distributing controlled substances, as well as other additional offenses. These convictions followed a jury trial in the United States District Court for the Southern District of Alabama. At trial, the prosecution proved that Ruan and other practitioners within his practice prescribed controlled substances for their own financial gain rather than the benefit of their patients. The District Court instructed the jury that in order for a controlled substance to be lawfully prescribed, it must be prescribed within the usual course of professional practice and prescribed for a legitimate medical purpose. In my presentation, I will be discussing whether a physician should be able to avoid conviction based upon the physician’s own subjective belief of whether prescriptions written fall within the usual course of their professional practice.
College of the Sciences Presentation Award Winner.
Recommended Citation
Denison, Katherine, "Trust Me, I’m a Doctor: Prescriptions and Professional Legitimacy in Contemporary Medicine. Ruan v. United States" (2022). Symposium Of University Research and Creative Expression (SOURCE). 36.
https://digitalcommons.cwu.edu/source/2022/COTS/36
Department/Program
Psychology
Additional Mentoring Department
Law & Justice
Trust Me, I’m a Doctor: Prescriptions and Professional Legitimacy in Contemporary Medicine. Ruan v. United States
Pursuant to 21 U.S.C. 841 (a)(1), it is unlawful for any person to knowingly or intentionally distribute or possess with the intent to distribute a controlled substance. In Ruan v. United States, petitioner, Xiulu Ruan, was convicted of three counts of conspiring to unlawfully distribute controlled substances, five counts of unlawfully distributing controlled substances, as well as other additional offenses. These convictions followed a jury trial in the United States District Court for the Southern District of Alabama. At trial, the prosecution proved that Ruan and other practitioners within his practice prescribed controlled substances for their own financial gain rather than the benefit of their patients. The District Court instructed the jury that in order for a controlled substance to be lawfully prescribed, it must be prescribed within the usual course of professional practice and prescribed for a legitimate medical purpose. In my presentation, I will be discussing whether a physician should be able to avoid conviction based upon the physician’s own subjective belief of whether prescriptions written fall within the usual course of their professional practice.
College of the Sciences Presentation Award Winner.
https://digitalcommons.cwu.edu/source/2022/COTS/36
Faculty Mentor(s)
Teresa Divine