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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23591
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I just got a letter from a doctor that I saw who prescribed

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I just got a letter from a doctor that I saw who prescribed me narcotics one time. The letter states that she is terminating her treatment with me because the Oklahoma bureau of narcotics says I had committed a felony by attempting to get narcotics from several doctors at the same time. I did call several doctors in an attempt to make an appt. but wasnt able to make one. One of the doctors had prescribed me the same narcotic(diet pills) about a month ago but his office was closed and I couldn't get in to see him so I called the doctor who prescribed me the diet pills and sent me the letter. My question is did I commit a crime just by attempting to make an appt for this medicine or since I have been prescribed the same medicine by two different doctors within about 45 days apart throw up some sort of red flag with the state.
Hi,

It's getting harder and harder to stockpile prescriptions, whether intentionally or not. Pharmacies have statewide data bases and doctors are moving in that direction as well.

You can have as many doctors as you want. You can call a new one every day of the week if you've a mind to. But what you can't do is hide or lie about your medical history so that you can get medication more often than any one doctor would have prescribed if they knew your medical history.

When someone gets in trouble for "doctor shopping" (trying to stockpile medicaton by obtaining it from several different doctors), sometimes the doctor can get in legal difficulty too. This one looks like he's just being cautious.

If you got the drug from someone else and refilled it with another doctor before the first prescription ran out, that could get you in trouble, especially if the second doctor didn't know that you already had a prescription for the drug. Otherwise, just calling to make the appointment won't be enough to charge you with a crime.

Customer: replied 3 years ago.

The letter states and I'm paraphrasing "according to the oklahoma bureau of narcotics it is a felony to attempt to see multiple physicians at the same time in an attempt to obtain narcotics and I am in violation of this law." I'm wondering if this is just her interpretation of the law or did the OBN contact her and tell her I had violated the law. I would think that the OBN would not give a person who had committed a felony any kind of heads up that they have commited a crime fearing that person might flee. The first prescription for this drug was about 35 days ago and had ran out before she prescribed me this drug. I am really concerned about this as I just took a new job 200 miles away and am moving soon and the last thing I need is to go to jail

Hi,

I have already explained the law to you.

You can change doctors and get the same prescriptions elsewhere if it's legtimate once the first ones run out. It is only a crime if you lie about your history to the doctors and get more per month between the two doctors than either one would have prescribed for you.

You haven't broken any laws yet, but your doctor knows you have another prescription elsewhere and doesn't want your business any more.
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