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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116716
Experience:  Attorney experienced in commercial litigation.
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Joseph, so I had an old family Dr. Prescribing me 1mg Xanax

Customer Question

Hey Joseph, so I had an old family Dr. Prescribing me 1mg Xanax 60mg, I told my new GP about him and asked that she take over my Xanax prescription as she had been giving me antibiotics and other non-controlled medications and she happily complied.
I called the pharm to fill my last prescription for my old doc which they did. A few days later I realized the scrip was from the new dr. and I still had 1 refill on the old prescription, so like the dumb guy that I am I called to see if they could fill that, I got a call back from the pharmacy saying "we cannot fill your prescription bc it is within the 30days control time" so I said "ok no worries I had 1 refill left and I did not want my money/medication to go to waste, I apologize as I did not know you couldn't refill them within the 30days time" I thought that this 30day control was just an insurance issue and not an actual CA LAW or something that I needed to be worried about. I clearly informed my new Dr of my old Dr, I instructed the pharmacy to fill the old prescription first (which they messed up) and no one told me I couldn't fill my last one as well.
I had a missed call from my old Dr the day this happened (which was either to ask that I pay a bill or scold me for what i did? Or maybe terminate me as a patient?) and this week I got a weird call from covered CA that asked me to call them and they gave me an 'incident #' ...
Already being a serious anxiety sufferer I feel horrible about this and am worried as i never intended or wanted to get my new old family dr or new GP in trouble. I don't have any criminal history and don't have addiction problems as I don't drink alcohol or smoke or do anything other drugs except for alprazolam/Xanax as it's the only thing that works to stop my anxiety attacks / sweating stacks.
What will come of this? Will my Dr's get in trouble? Am I going to be prosecuted? I'm having a really tough time with this as I feel I've made a grave mistake and can't bear to look my pharmacists or Dr in the eye when I will eventually have to refill my prescription. What should I do? Nothing? Tell my Dr's what happened? I could really use some solid advice right now. Thanks much
Submitted: 10 months ago.
Category: Consumer Protection Law
Customer: replied 10 months ago.
This is in California*
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is highly likely the pharmacist reported the incident to your insurer and to both of your doctors, since trying to obtain a prescription too soon violates not only CA law but also is a violation of the Dr. patient relationship with regards ***** ***** controlled substances.
Now, nobody in CA is prosecuted or sent to jail for what you just described above on a first offense. What generally will happen is your old doctor's prescription will be canceled and your old doctor is calling to tell you they will no longer write anymore for you.

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