Thank you for your question. Your previous expert has opted out, but he was correct in that what you describe could indeed fit the elements of prescription fraud.
Under the circumstances you described, the same doctor writing the prescriptions for the same medications too soon (within the time when you still had pills left over from the previous prescriptions) the doctor could also be in trouble for improperly prescribing medications along with you for the prescription fraud.
In the case of the different milligrams, this generally would not be prosecuted, because a doctor can change the dose of medication of the same type.
However, a doctor can flag a patient for not reminding the doctor that they already had a prescription and in most cases I have seen in my 30+ years dealing with law and prescription fraud cases, if the same doctor has written the prescriptions most times the DA will not prosecute the patient because the doctor is supposed to check the records, even though the patient is supposed to also tell the doctor they have a prescription for the same medication.
Thus, it would be a hard case for the DA to prove the intent to commit prescription fraud required to obtain a conviction in this type of case, even though the situation you described would technically fit the elements of the prescription fraud charge.
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