tennfan
(Stranger)
05/25/04 01:42 PM
Re: Future Orders for Anxiety Medication

If a lawyer gives general advice, that would be bad advice, given that advice may subject him to a malpractice suit. Though general, and somewhat arguable, I'd rather not argue about it. That said, the crux of the legal dispute with OP's is a "doctor patient relationship." Most states require such to prescribe medication. States have been changing this. Nevada, for example, requires a face-to-face visit. Accordingly, in most states, whether OP's practice legally is debatable. Charges for such doctor's will likely be on other grounds. If from a state that requires a "doctor patient relationship," and if that state has yet to define whether this entails a face-to-face visit, your activity arguably is legal unless you violate other laws. A basic prescription hardly raises probable cause that there exists no such relationship. Further, because the law remains vague, certain federal constitutional rights potentially would bar retroactive prosecution of such charges if the law settles in culpable direction. In all, individual prosecution of facially valid prescriptions would create a mess, and good attorneys would deplete the state's funds in fighting such prosecutions. I would verify the laws of state; most OP's, for example, won't ship to states that have clear law (Nevada).

Regards -



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