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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
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Experience:  Lawyer and current JAG officer.
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I saw a civilian Dr while on leave who diagnosed me with low

Resolved Question:

I saw a civilian Dr while on leave who diagnosed me with low testosterone. He is a leading expert in his field. I paid for the visit out of pocket. He gave me a prescription for testosterone. Do I have to disclose this to the military? If I dont what are the consequences since I have a legitimate prescription?
Submitted: 10 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 10 months ago.

Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.

There is no legal requirement to notify them. The testing that is done on a regular basis for drugs only tests for metabolites for recreational drug use.

For them to test for higher levels of testosterone (something that they can do) requires a command directed, special protocol even obtain a test result showing higher rates of testosterone. That can only be done based on probable cause.

 

Then, if you have a prescription, you'll essentially have evidence that the use is not "unlawful" for purposes of prosecution.

Customer: replied 10 months ago.


What defines probable cause in this instance? So if I have a prescription by a certified medical professional I am covered should they ask any questions?

Expert:  Allen M., Esq. replied 10 months ago.
Probable cause is based on a reasonable suspicion that a person is engaged in some illegal activity. It would take more than a build in muscle mass.

We see this with steroids, where command gets a tip that someone is using steroids, the person has been showing inappropriate aggression in the workplace and perhaps gets into trouble for violence, command can order a "command directed" special panel urinalysis for steroids or other growth hormones.

If you are not presenting any negative effects and your commander never receives any "tips" that you are engaged in illegal activities, the commander would never think to order the special test.

Even if command did, if you have a legal prescription, you are not engaged in "unlawful use."

So, there is almost no chance that they'd even find out you are using it, and with the prescription, even if they did you'd have no legal violation.

It could raise some medical issues, as the military could consider why you need the testosterone. They may want their own doctors to consider why you need it and whether or not it suggests an underlying issue that might disqualify you from military service, but you wouldn't face any criminal liability.
Customer: replied 10 months ago.


Lastly just to ensure I don't have to come back later. As long as it is a legitimate prescription from a legitimate DR. They could not question the relevancy of the prescription? And even if they did, I would not be in violation of ucmj? And worst case they could require me to stop taking the medication?

Expert:  Allen M., Esq. replied 10 months ago.
Well, that's a loaded question. They can certainly question the legitimacy of the prescription. If they feel it was illegal obtained, they can try to act on that, but that is always true.

If it is a legal and legitimate prescription from a doctor that doesn't have a history of abusive prescribing, then the prescription will hold up, yes.

You would only be in violation of the UMCJ if you knowingly doctor shopped, which is extremely hard to prove.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15472
Experience: Lawyer and current JAG officer.
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