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Doctor Shopping Charges in Florida: Penalties for Prescription Fraud and Hiring a Lawyer

Doctor Shopping Charges in Florida: Penalties for Prescription Fraud and Hiring a Lawyer

Doctor shopping refers to seeing multiple doctors to obtain prescriptions for controlled substances. It is illegal in Florida and can result in felony charges. This article will cover doctor shopping laws in Florida, penalties for prescription fraud, tips for finding a lawyer, and potential defenses.

What is Doctor Shopping in Florida?

Florida has laws against “doctor shopping,” which is visiting multiple doctors within a short period to obtain prescriptions for controlled substances

. It often involves not informing the doctors about prescriptions obtained from others.The main Florida statute is

:

893.13(7)(a)8 – It is illegal to withhold information from a doctor when seeking a controlled substance that you have received a prescription for the same or similar drug from another doctor within the past 30 days.

So if you get a prescription for Xanax from one doctor, then see another doctor for Xanax a week later without telling them, you could face charges.Other prescription fraud crimes include

:

• Forging or altering prescriptions
• Stealing prescription pads
• Calling in fake prescriptions
• Using false ID to get prescriptions

The drugs are often opioids for pain relief or benzodiazepines for anxiety. But any controlled prescription medication could lead to charges.

Penalties for Prescription Fraud and Doctor Shopping in Florida

The penalties vary based on the specific crime

:

• Doctor Shopping – Felony, up to 5 years in prison and $5,000 fine
• Possession of Prescription Form – 1st offense misdemeanor, subsequent offense felony
• Obtaining Prescription by Fraud – Felony, up to 5 years and $5,000 fine
• Possession without Prescription – Felony, up to 5 years and $5,000 fine

Other penalties may include

:

• Loss of civil rights like owning firearms
• Loss of professional license
• Probation
• Court ordered drug counseling or rehab

The number of prescriptions and type of medication can increase sentences. Trafficking charges may apply for large quantities.

Finding a Prescription Fraud Lawyer in Florida

If you are charged with prescription fraud, immediately look for a criminal defense lawyer. A conviction can ruin your career and future. An experienced lawyer can help get charges reduced or dismissed.Tips for finding a good lawyer:

• Search for lawyers near you that specialize in prescription drug crimes.
• Look for former prosecutors who know how these cases work.
• Find someone experienced with diversion programs and alternative sentencing.
• Meet with lawyers for free consultations before deciding.
• Ask about their experience with similar cases and results.
• Make sure they have time to dedicate to your case.
• Feel comfortable and confident in their skills.
• Compare costs, but don’t let it drive your decision.

Be proactive and do your research. Having an experienced lawyer can make all the difference.

Possible Defenses for Prescription Fraud Charges

There are several defenses that your lawyer may use to fight the charges

:

• No intent to deceive – You didn’t realize disclosing was required or the doctors failed to ask.
• Necessary medical treatment – You saw multiple doctors for legitimate health issues.
• Wrong medication – The prescriptions were for medications to treat different conditions.
• Privacy violation – Your medical records were obtained illegally.
• Unlawful arrest – The police detained you without probable cause.
• Not your prescription – The medication was not actually prescribed to you.

Other technical defenses based on improper procedures, lack of evidence, or violations of your rights may also apply. An experienced lawyer will evaluate the specifics of your case to determine the best defense.

What to Do If You Are Charged with Prescription Fraud

Being charged with prescription fraud can be scary. Here are important steps to take:

• Remain silent – Do not try to explain anything to police without your lawyer.
• Hire an attorney – Immediately contact defense lawyers to protect your rights.
• Follow bail rules – If released on bail, comply with all conditions set by the court.
• Get counseling – Seek help from a mental health professional or substance abuse counselor.
• Avoid new offenses – Prevent further legal issues that could impact your case.
• Attend court dates – Never miss a hearing or you may face additional charges.
• Be patient – These cases can take time to resolve. Listen to your lawyer’s advice.

The most critical thing is hiring an experienced criminal defense attorney. They can negotiate with prosecutors, defend your rights, and give you the best chance of avoiding harsh penalties. Don’t wait to get help fighting the charges.

Florida’s Prescription Drug Monitoring Program

As part of efforts to reduce prescription drug abuse, Florida established the Electronic-Florida Online Reporting of Controlled Substances Evaluation Program (E-FORCSE) . It is a database that tracks prescriptions for controlled substances. Doctors must report prescriptions within 7 days and pharmacists within 15 days.Law enforcement uses E-FORCSE to identify possible doctor shopping and prescription drug diversion. Patients that see multiple doctors within a short timeframe to get prescriptions for the same types of medication often get flagged for investigation.So make sure you disclose all medications to your doctor and use the same pharmacy. E-FORCSE is also helpful for doctors to avoid over-prescribing and identify patients with addiction issues needing treatment.

Conclusion

Getting charged with prescription fraud for doctor shopping can lead to felony convictions, jail time, and huge fines if you do not take it seriously. Hiring an experienced criminal defense lawyer is critical to protect your rights and defend against the charges. Be proactive in seeking legal counsel and treatment. With proper legal help and making positive changes, you can move past this difficult situation.

References

 https://www.criminaldefenselawyer.com/resources/doctor-shopping-and-prescription-fraud.htm

 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.13.html

 https://www.myfloridalegal.com/pages.nsf/Main/DC0B20B7DC22B7418525791B006A54E4

 https://www.flsenate.gov/Laws/Statutes/2011/893.13

 https://www.rxabuse.org/rx_abuse/penalties.php

 https://www.palmbeachdefense.com/prescription-drug-crimes-doctor-shopping/http://www.floridahealth.gov/statistics-and-data/e-forcse/index.html