Prescription fraud, commonly known as doctor shopping, is a huge problem throughout the United States, including Florida. In 2009 the Federal Centers for Disease Control labeled Florida as the epicenter of prescription drug abuse epidemic.
Nationwide, the prescription drug abuse epidemic has been attributed to lack of prescription monitoring programs and medical personnel oversight. In 2011 Florida enacted the E-FORSE (Electronic-Florida Online Reporting of Controlled Substance Evaluation) program. The program is designed to prevent over prescribing of drugs and doctor shopping.
While reported drug overdoses have declined in Florida, many have criticized the effectiveness of the program citing doctors do not consistently use the program and the program does not have national reach.
In April of 2016, New Jersey legislators announced that the state would expand its prescription drug monitoring program, part of a mass effort to cease out-of-state doctor shopping and prescription drug abuse. New Jersey joins 7 other states, including South Carolina, New York, Minnesota, Rhode Island, Virginia, Connecticut, and Delaware in this effort.
Under this monitoring program, New Jersey doctors would be able to see a patient’s prescription history within the state and any prescriptions written by other doctors in 7 states. Although Florida does not participate in this interstate monitoring program, Florida criminalizes doctor shopping and could possible join this effort.
What is Doctor Shopping?
Doctor Shopping is the practice, or habit of visiting multiple doctors to obtain multiple prescriptions for otherwise illegal drugs. Typically, it’s common practice for drug addicts and suppliers of drug addicts.
A doctor shopper will normally visit multiple health care clinics as a “new patient” or “visiting from out of town” and will exaggerate medical problems in order to obtain prescription medications.
Florida Stat. § 893.13(7)(a), (8), and (9) are the doctor shopping laws that makes it a felony offense to withhold information from a practitioner from who the person seeks to obtain a controlled substance or prescription for a controlled substance when the individual making the request has received a controlled substance or prescription from another practitioner within the previous 30 days.
Prescriptions Drugs Statistics
According to DEA statistics in 2010, the state had over 900 unregulated pain management clinics. Data also showed that these clinics employed 90 of the top 100 oxycodone dispensing physicians in the country.
Of the top 50 oxycodone dispensing clinics in the U.S., 49 were located in Florida and were selling more than 1 million oxycodone pills a month.
Before E-FORSE was implemented by the Florida legislature, it was projected from state medical examiners documents that about 10 individuals each day died of prescription drug overdose, primarily due to oxycodone.
Doctor Shopping Penalties
- Misdemeanor or felony conviction
- Up to 1 year in jail or 3 years in prison
- Up to $20,000 in fines
- 1-5 years’ probation
- Community service, an amount determined by the court
Who can be charged?
- Any patient who attempts to obtain and/or obtains prescription of a controlled substance through fraud;
- Any medical professional who makes a false statement in any prescription, order, report or record;
- Anyone who falsely assumes the title of, or represents himself to be a pharmacist, physician, dentist, veterinarian, registered nurse, physician’s assistant; or
- Any person other authorized person and anyone who affixes any false or forged label to a package or receptacle containing controlled substances.
The attorneys of Meltzer & Bell, P.A. are experienced criminal defense attorneys based in West Palm Beach, Florida. The team of attorneys at Meltzer & Bell, P.A. defend individuals facing any drug crime, including prescription fraud, drug possession, drug trafficking, drug distribution, and marijuana possession.
Former prosecutor, Lawrence M. Meltzer, and former public defender, Steven K. Bell, possess the knowledge and skill to build the strongest defense on your behalf. Meltzer & Bell, P.A. diligently defends individuals throughout Palm Beach County, including West Palm Beach, Palm Beach, Boca Raton, Palm Beach Gardens, Jupiter, Delray Beach, and surrounding areas.
Contact the Palm Beach Doctor Shopping Defense Attorneys of Meltzer & Bell, P.A. for a confidential review of your case at (561) 283-3259. The partners of Meltzer & Bell, P.A. are available 24 hours a day/7 days a week.