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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110573
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have been seeing 2 different doctors for pain treatment.

Resolved Question:

I have been seeing 2 different doctors for pain treatment. They have both been prescribing pain medications (schedule 2 drugs), for my medical condition, but neither doctor knows that I am seeing 2 doctors. Recently my state has enacted a Prescription Drug Monitoring Program, it is currently not operational, but when it becomes so, all doctors and pharmacists will be able to see my prescribing history. I will be going to one doctor for my pain medications from now on, but the database should have records of all prescriptions I have received for the past 3 years.

Is the DEA or Local police going to be coming for me because of this? Once the database is operational statewide, will I no longer be able to receive medications, and am I at risk of imprisonment for this? What is advisable for me to be doing in this situation?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
It is actually against the law to have been receiving the same medications from more than one doctor during the same time period and it falls under the doctor shopping laws and is a felony punishable by up to 5 years in prison. The fact is that when a doctor writes a prescription it is the duty of the patient to inform the doctor if they are already receiving that medication from another doctor. Thus, you are at risk of imprisonment or at least being charged for the offense. However, it is fairly unlikely that they will go back and begin charging people for events occurring prior to the implementation of the new reporting system.

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Customer: replied 6 years ago.
It is not the same medication, my insurance has been paying for them both, but they are both in the same schedule- does that make any difference?
Expert:  Law Educator, Esq. replied 6 years ago.
If they are not the same medications (chemical names such as hydrocodone) then you would be okay and it makes a big difference.
Customer: replied 6 years ago.
to clarify, they are different compounds, morphine sulfate and oxycodone.
Expert:  Law Educator, Esq. replied 6 years ago.
This would not lead to them charging you, it is only when someone is receiving the same medication from different doctors.
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