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Anglwink
Veteran
Reged: 04/29/03
Posts: 605
Loc: East coast
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Quote:
You obviously don't know how the DEA works #1, if a doctor writes alot of scripts for c2 drugs the DEA will go after him unless he is a pain managment dr. #2, OPS cannot give c2 medication over the phone, this is illegal. I will look for publications stating that c2 medication cannot be prescribed over the phone, but I know this to be true as I used to be prescribed ritalin and everytime I needed some I had to see the dr. Also, one OP i talked to said it was illegal for them to script c2.
Mystate does NOT reqire triplicate scripts. Just an FYI
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"Believe"
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night_shade
Threadhead
Reged: 08/26/03
Posts: 907
Loc: The State of Hockey
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Just my 2 cents...
In the mid-90's I had ONE prescription called in for MSContin as it was a weekend and I had established cancer pain and used a well-known oncologist. This was an emergency and I know the doctor had to go through a bunch of crud to get it there for me (I believe he drove it to my pharmacy that same day.)
I have been on either morphine or methadone since the early 90's--every day, without exception. I have never been able to get any other prescription without physically handing it to the pharmacist (unless it was mailed in by my doc's office.) I even had to go to such lengths as picking up an envelope taped to my doctor's office door after hours (containing an Rx for methadone) in order to get the medication I needed that day. There have been times my doctor has MAILED my prescriptions to the pharmacy, but I always had to agree that if it did not arrive (lost in the mail or whatever) that it was on me. In addition, my regular doctor writes for both of my childrens' Adderall (my son is on 30mgs and my daughter is on 20mgs XR) and, even though he will give me all the scripts for 3 months for each kid at a time, I still must go pick them up.
Even if phone-in Rx's were legal (with a written script mailed in or such) from the federal aspect, I highly doubt that an OP in Florida could Rx for a schedule 2 and mail it to Texas, or any other state. Well, they COULD do it, but getting it filled would be difficult--if not flat-out illegal. It is not lawful in MN to get an out-of-state Rx filled for a C-II drug. Nor is it legal to attempt to fill an Rx for a C-II drug that was written in MN in another state.
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Never underestimate the predictability of stupidity.
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missjbean2
Stranger
Reged: 09/09/03
Posts: 16
Loc: somewhere over the rainbow
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Billy,
I believe this is the case you are referring to and Dave Roberts is NOT an MD he has an EdD.
SUCCESS123.COM
Carl D. Roberts insists all he wanted to do was help people. After his wife
was hit by a drunk driver, he set up a Web site in his home in Powell,
Tenn., to find innovative drugs for treating brain injuries. But his site
turned into something entirely different, federal prosecutors maintain.
According to court records, success123.com (also known as the Mail Order
Pharmacy) was a portal for customers seeking OxyContin. For as much as $500,
subscribers could purchase "gold" and "deluxe" memberships that provided
exclusive access to suppliers in Mexico, the Netherlands and elsewhere.
Roberts pleaded guilty to dispensing controlled substances in September 2002
and was sentenced to 57 months.
Aiding Roberts with his site were others he met online.
Frank N. Assaf Jr. had connections to a Mexican pharmacist who supplied him
with thousands of OxyContin tablets. Gold members e-mailed orders to Assaf.
Between 2000 and 2002, he received about $2.1 million. Assaf kept cash in
two safes at his Tucson home and in bank accounts under aliases, including
one in Riga, Latvia. In a November 2002 raid, agents found 50,200 pills,
ampules and tablets at the house. According to Assaf's computer inventory,
two customers had spent more than $50,000 and 22 had spent more than
$20,000. In August, Assaf pleaded guilty to illegally distributing OxyContin
and was sentenced to 44 months.
This was posted on the VIP board under the Washington Post series.
Another reference to this story
United States v. Carl David Roberts, (E.D. Tenn.).
On January 15, 2003, Roberts was sentenced to a prison term of 57 months. Roberts was chief administrator of an Internet business that used sophisticated technology to sell prescription drugs, including Schedule II narcotics, without any medical supervision. He had directed an organization that sold drugs from within the U.S., and from abroad. His organization included drug suppliers from Mexico, the Netherlands, and Ecuador. In September 2002, he pled guilty to distribution of controlled substances and conspiracy to violate the FD&C Act.
http://www.hhs.gov/asl/testify/t030327b.html
It is my opinion that unless this MD that is considering prescribing ScheduleII's opens up a pain clinic where in people fly in or drive to see him face to face he will be shut down and risk the loss of his ability to write any scheduled meds. It seems unlikely that given the current climate regarding Schedules 3-5 that an OP prescribing Sceduled II's will fly under the DEA radar.
I am not an expert in law. My thoughts on this stem from a common sense approach. I think it is commendable that this MD wants to help those in need of SII's My feeling is his best bet would be to consider opening a pain clinic where he could establish a face to face doctor/patient relationship.
Jilly
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...in the end only kindness matters.
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