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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23528
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Okay I live in Texas and am goin to be tested by a licensed

Customer Question

okay I live in Texas and am goin to be tested by a licensed experienced medical doctor from Florida that specializes in growth hormone definicies and testosterone deficiency. This doctor does not require I visit him in person, but does require a vast array of medical testing be done at a local lab corp office in my city and then the results be mailed to him to see if I qualify for the hormone therapy. after he reviews the lab results and deems me a qualified candidate for the treatment he will then send me the proper chemicals to treat the condition.
is this absolutely legal?
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
hello
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
I'm sorry for the delay. When you post a question at 1:32 AM EST, many of us experts have already turned in for the night. I have found this question this morning and will address it.
While the better practice would be for the doctor to see you in person, the law as to this kind of medicine in both Texas and Florida just requires that the prescription be issued FOR A VALID MEDICAL PURPOSE: Here's the law in Texas:
Sec. 481.071. MEDICAL PURPOSE REQUIRED BEFORE PRESCRIBING, DISPENSING, DELIVERING, OR ADMINISTERING CONTROLLED SUBSTANCE. (a) A practitioner defined by Section 481.002(39)(A) may not prescribe, dispense, deliver, or administer a controlled substance or cause a controlled substance to be administered under the practitioner's direction and supervision except for a valid medical purpose and in the course of medical practice.
(b) An anabolic steroid or human growth hormone listed in Schedule III may only be:
(1) dispensed, prescribed, delivered, or administered by a practitioner, as defined by Section 481.002(39)(A), for a valid medical purpose and in the course of professional practice; or
(2) dispensed or delivered by a pharmacist according to a prescription issued by a practitioner, as defined by Section 481.002(39)(A) or (C), for a valid medical purpose and in the course of professional practice.
(c) For the purposes of Subsection (b), bodybuilding, muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic steroid or human growth hormone listed in Schedule III by a person who is in good health is not a valid medical purpose.
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So the test results could likely justify the prescription without an office visit.
BUT Section 481.002 makes it clear that the medical practictioner must be licensed to practice or to conduct research in the state of Texas for him to dispense the drugs to you in Texas.
481,002(39) defines practitioner this way:
(39) "Practitioner" means:
(A) a physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, analyze, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state;
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So depending on his license, he would not legally be able to prescribe this for you in Texas. He would have to do so in Florida, which would mean seeing you there.