Accordingly, we reject Campione’s argument that he cannot be guilty of distribution of CDS because he was a licensed physician assistant, who was registered to prescribe CDS to patients. This, however, does not end our inquiry.
Although Campione was permitted to prescribe CDS, he may only do so in good faith when the CDS is medically necessary and appropriate. CDS prescriptions issued to substance abusing patients who do not have a legitimate medical need for such medication subjects the physician assistant to potential criminal prosecution and conviction. Determination of the medical necessity and appropriateness of the prescription is a fact question to be considered by the grand and petit jurors. An indicted charge should not be dismissed if there is “some evidence” that the CDS prescription was not issued in good faith because it was medically unnecessary or inappropriate.
Here is where the caselaw favors the State with regard to indictments. It is a very rare case where there is not “some evidence” to support the proposed charge, especially when the case law requires that the alleged facts be construed in the light most favorable to the State.