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Is doctor shopping illegal? What are the penalties?
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Is Doctor Shopping Illegal? What are the Penalties?
Doctor shopping is when someone visits multiple doctors to try to obtain multiple prescriptions for controlled substances. It involves seeing several doctors for the same health problem without telling them about the other doctors being seen. Doctor shopping is illegal in most states when it involves prescription drugs that are controlled substances.
Controlled substances are drugs that are regulated by the government because they have a high potential for abuse and addiction. Some examples are opioids like oxycodone, hydrocodone, and fentanyl; stimulants like amphetamines and methylphenidate; and benzodiazepines like Xanax, Valium, and Klonopin. When someone obtains controlled substances from multiple doctors without telling them, it is considered prescription fraud and doctor shopping.
Doctor shopping laws vary by state, but most have laws prohibiting obtaining controlled substance prescriptions by fraud. The penalties also vary but can include fines, probation, and even felony charges with potential prison time in some states. Let’s take a closer look at doctor shopping laws and penalties.
Federal Law on Doctor Shopping
On the federal level, the Controlled Substances Act requires that every time a controlled substance is dispensed, the prescriber must submit certain information to a state prescription drug monitoring program (PDMP). PDMPs allow prescribers and pharmacists to track controlled substance prescriptions for a patient. This helps identify doctor shopping across state lines.
While there is no specific federal law against doctor shopping, the Controlled Substances Act allows the Drug Enforcement Administration (DEA) to penalize doctors who knowingly prescribe controlled substances without a legitimate medical purpose. The DEA can revoke a doctor’s DEA registration needed to prescribe controlled substances if they contribute to doctor shopping behavior.
State Doctor Shopping Laws
Most states have passed laws specifically prohibiting doctor shopping to obtain controlled substances. For example, Florida law defines doctor shopping as:
Withholding information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days.
So in Florida, knowingly obtaining a controlled substance prescription from one doctor without disclosing prescriptions received from another doctor in the past 30 days is illegal doctor shopping. Most states have similar laws.
States like Kentucky, Tennessee, and Texas have felony doctor shopping laws where illegally obtaining just two controlled substance prescriptions can be charged as a felony. Other states like California, Colorado, and Michigan have laws making doctor shopping a misdemeanor. Some states only allow civil penalties or professional discipline against physicians who contribute to doctor shopping.
State doctor shopping laws also vary in terms of:
- The timeframe for disclosing other prescriptions (e.g. 30 days)
- The number of prescriptions needed to trigger a violation
- Whether the charge is a felony or misdemeanor
- The extent of penalties imposed
It’s important to review your specific state laws to understand what constitutes illegal doctor shopping where you live. Just seeing multiple doctors or getting multiple prescriptions is not enough – you have to actively conceal information from providers to violate most doctor shopping laws.
Penalties for Doctor Shopping
The penalties for doctor shopping depend on the specific state laws and the circumstances of the case. Here are some potential penalties for doctor shopping convictions:
- Criminal Charges – Felony or misdemeanor charges are possible depending on the state. Felony convictions can involve prison time of a year or more in some states.
- Fines – Monetary fines from hundreds to thousands of dollars are common penalties.
- Probation – Courts may issue probation periods like 5 years instead of jail time.
- License Suspension – Doctor shopping convictions can result in driver’s license suspensions.
- Prescription Monitoring – Some states require regular urine testing and prescription drug monitoring.
- Treatment Programs – Completing substance abuse treatment programs may be mandated.
In addition to criminal penalties, a doctor shopping conviction remains on your permanent criminal record. This can impact future employment, housing, loans, and other opportunities. The costs of legal fees and court costs can also be significant.
Defenses to Doctor Shopping Charges
There are some potential defenses if you’ve been charged with doctor shopping:
- No intent to deceive – If you didn’t intentionally try to hide prescription information from doctors, you may not have “knowingly” doctor shopped under the law.
- Same practice/team – Seeing doctors who work together or share records is not usually doctor shopping.
- Non-controlled substances – Many laws only apply to controlled, addictive medications.
- Mistake – Simple mistakes like forgetting to disclose or confusion over dates may work as a defense.
- Addiction – An addiction diagnosis can sometimes lead to treatment instead of conviction.
An experienced criminal defense lawyer can evaluate the details of your case and advise on the best defense strategies. It’s important to get legal help quickly if you’ve been charged with doctor shopping.
How to Avoid Doctor Shopping
The best way to avoid doctor shopping charges is to be transparent with all your healthcare providers about the medications you are taking. When seeing a new doctor, disclose all current prescriptions and the doctors who prescribed them. Ask the doctor to coordinate care with your other providers. Utilizing one pharmacy for all prescriptions can also help avoid issues.
If you have chronic pain or an addiction, look for a single pain management specialist or addiction treatment provider who can appropriately manage all your medications. Seeing multiple doctors in different specialties for a health condition may be perfectly appropriate – just disclose this to each provider to avoid any misunderstanding.
Prescription drug monitoring programs also discourage doctor shopping by allowing doctors to see all controlled substance prescriptions you have recently filled. So do not try to hide your prescription history or pharmacy information – it’s available to providers treating you.
The consequences of doctor shopping can be severe, especially with felony charges in some states. Being open and honest with your doctors is the best way to avoid accusations of prescription fraud and illegal doctor shopping.
If you believe you are being investigated for doctor shopping, immediately consult with a criminal defense attorney. An attorney can proactively work to avoid or minimize charges before they are even filed in many cases. Hiring legal counsel promptly is critical to protecting your rights and avoiding serious penalties.
Doctor shopping laws aim to address the epidemic of prescription drug abuse. But even well-meaning patients can get caught up in accusations of deceit and illegal conduct. Understanding the laws in your own state and being transparent with medical providers is key to staying in compliance and accessing needed medications appropriately.