Stardog
(Member)
09/05/04 10:55 PM
Re: Ordering Same Medication from Diff. Domestic OPs

That seems so risky, though, since the prosecution, should it come to that, would theoretically be pretty good at finding an arcane law or a court ruling that establishes a precedent that what you did was illegal. Plus, as Trampy stated, some states have prominent laws against this, obviating the need for searches through dusty bound law code, making it open and shut against you, right away.

All I can add for information is that, in Missouri, OPs are flat-out illegal if they prescribe a scheduled substance, which simplifies the whole double-dipping issue. The law states explicitly that a telephone conversation is not a doctor-patient relationship, even if you get a physical from someone nearby and present the records. You have to have multiple face-to-face visits with the doctor who prescribes a scheduled med. So double-dipping isn't really an issue there unless you do the footwork in that state and visit 2 doctors, and then you run into the uncertainty of whether there IS a state law against that, too.

I said before I thought it was risky, but, on the other hand, who's going to prosecute this type of offense? If you made a mistake by double-dipping for any reason (usually due to ignorance of the law), there's about 0% chance you'll get burned for it. It's just not worth it for the prosecution!

I'd bet that if they do prosecute, they really don't want to, but it is literally forced on them. Courtney Love gave the cops a bag full of Oxycontin and Vicodin after overdosing and is going on trial (or maybe she already plea-bargained) for POSSESSION of controlled medication without a proper prescription. That would include prescription issued under fraudulent means. You know what the this POSSESSION charge is classified as? A FELONY! Conviction would mean you couldn't vote for a while, and would have to apply to regain that right.


Talk about misplaced priorities by the judicial and legislative branches! You couldn't exactly say hers was a victimless crime, since she smashed windows and in another instance may have hit a woman with a microphone, but most of us are the passive sort.

I don't subscribe to the idea, currently fashionable to the intelligencia but not most docs, that pain should be treated as a disease in itself and that there is no reason patients should have to feel any pain. I think the costs of prescribing addictive meds can outweigh the benefits of a combination of other medicines and physical therapy which may not work as well, so I think this isn't a black/white issue. But man, the law comes down hard on you for this!



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