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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 13549
Experience:  19+ Years of Legal Practice in Criminal Law.
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Alexia,I am in a dilemma. Over the course of 2 months I have received

Customer Question

Alexia,
I am in a dilemma. Over the course of 2 months I have received similar narcotic prescriptions from 2 psychiatrists. One being schedule 2 adderall and the second being schedule 4 temezepam. Out of stupidity and running out of medication, I withheld telling the new "dr B" the prescriptions I had been receiving at the same time from "Dr A". I was paying insurance for dr b medications and cash for dr b medications. Two months go by with successful diversion using this method. Two days ago I tried to pay cash for the schedule 2 drug. I got a call from the pharmacist stating "I cannot fill this, I have to call dr A and B to confirm this prescription, and you cannot get your script back until so. I have a good relationship with both. Coincidentally, I am in the process of med school application and they are both aware. The studying for MCAT drove me to commit this act. I did some research and found the exact act according to this manner http://www.legis.state.tx.us/tlodocs/82R/bill
Submitted: 2 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 2 years ago.
Hi, wow, that's a doozy. What is your question on this? (I think it failed to post or you forgot to post it?)
Customer: replied 2 years ago.
I'm trying to figure out what to do??
Expert:  AlexiaEsq. replied 2 years ago.
Well, I suppose it depends on what happens. You could be prosecuted, in which case you will wish to retain a criminal defense attorney. You could be discharged by both of your doctors, and you may find yourself unable to be prescribed any narcotic medication, so you may wish to prepare for that from a medical point of view. You indicate that both doctors are being informed by the pharmacist, so you will want to decide whether to 'fess up first. It could be that you are put on a drug contract, of sorts, and allowed to have that one mistake, and be required to be drug tested prior to prescriptions. If that latter happens, that would be the best scenario, as the doctor would still allow you to be treated. But in the end, you have to make these decisions. If it were me, I'd probably tell the doctor of my lapse in judgment with sincere apologies,and ask him if he could help get me back on track, on a contract, whatever it takes. He could say no, but he could say yes.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Alexia Esq., ONLY" if you want me to specifically answer it.
Sincerely, ***** *****
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Customer: replied 2 years ago.
I highly doubt I'll be prosecuted wouldn't one of the docs have to report me for that to happen?
Expert:  AlexiaEsq. replied 2 years ago.
Yes, or the pharmacist or technician, or another person. The DA doesn't mind-read, of course. And even if he knew, it is not necessarily the type of crime he may want to devote resource to for prosecuting. But, it has happened, so you need to be aware.
Customer: replied 2 years ago.
The pharmacist has no right if the Drs feel that it was a mistake which I think they do. In that case, the pharmacist would be disclosing my medical information with no probable cause under hippa... Correct?
Customer: replied 2 years ago.
I assume that's why she's waiting to hear back from them and withholding my prescription form
Expert:  AlexiaEsq. replied 2 years ago.
Since the drugs are not identical, she could be simply confirming that each doctor is aware of the other's prescription, as they are likely contra-indicated, as prescribed.
But no, HIPAA has many exceptions. In Texas, pharmacies are actually required to report prescriptions to the Department of Public Safety. Pharmacies electronically transmit prescription information to the DPS. The information is used by licensing boards to identify doctors, dentists, and/or pharmacists who may be inappropriately prescribing or dispensing these highly abusable drugs. It is also used by DPS to identify potential abusers much more quickly. However, it is my understanding that even doctor's who are improperly prescribing are rarely prosecuted, so I'd imagine it would be rare for a patient to be prosecuted - the resources are likely just not there.
Customer: replied 2 years ago.
Apparently the pharmacist, whom must have been disgruntled, keep in mind I just dropped the prescription off to the tech, told my dr they should press charges, however my dr said now way. She can't press charges on me if the doctors say they aren't going too? Correct?
Expert:  AlexiaEsq. replied 2 years ago.
Generally, neither a doctor nor a pharmacist can "press charges". Only the DA/prosecutor can do that. They can report a suspected crime, but the DA decides whether to file charges.
A pharmacist can certainly report a suspected crime, yes, but if the doctor's won't testify that these Rxs are inappropriate together or that they believe you were pulling a fast one, then there may be no incentive for DA to file charges. Cooperative witnesses are far more helpful and if the doctors are not friendly witnesses for the prosecution, it makes a case harder or impossible.
Customer: replied 2 years ago.
So my doctors told this pharmacist there was no reason to press charges. If she reports me, what happens, do I get contacted or is all behind the scenes
Expert:  AlexiaEsq. replied 2 years ago.
So my doctors told this pharmacist there was no reason to press charges. If she reports me, what happens, do I get contacted or is all behind the scenes ---- You probably would not even know UNLESS the state decided to press charges, at which point the state (DA) would serve you notice of when to appear in court for your first appearance (typically).
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Stephanie O Joy Esq., ONLY" if you want me to specifically answer it.
Sincerely, ***** ***** Joy, Esq.
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