Does pennsylvania prosecute people who are caught getting the same prescription from more than one dr.?

Asked over 1 year ago - Upper Darby, PA

MY freind received a letter from her dr. At her appt. the other day. the letter stated that she could no longer be a patient there because they found out she was seeing another dr. and getting the same prescriptions for xanax and ambien. they also said they would be notifying her insurance company. Is she in legal trouble for this? She used her insurance for both doctors which is how i think she got caught. But she only used the insurance for the one pair of prescriptions. the other she paid cash for. I think the insurance will just refuse the claim from the second dr. Also are they aloud to tell her job about this? Is she in much trouble for this?

Attorney answers (4)

  1. William A. Jones Jr.

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . I would highly recommend that your friend consult with an experienced criminal defense who is experienced in cases involving the Drug Act and the Pharmacy Act. There way too much missing information that can not and should not be posted on a public website such as this one, nor should any additional details be posted anywhere on the Internet, including social media like Facebook. There is some potential exposure to criminal liability depending upon much more detailed facts. I don't think the likelihood is great but again it is impossible to have a solid opinion without facts that can only be developed in a detailed, private conversation with counsel. There is potential risks for the doctor's writing the scripts as well and investigators might want to talk with your friend. Under no circumstances should your friend agree to talk at all with any law enforcement agent about drugs, prescriptions, prescribing physicians, or dispensing pharmacies. The response, should an invitation come in, should be an unequivocal and unwavering, "I do not wish to answer any questions until I have had a chance to consult with an attorney." If at some point it seems like they don't understand of forgot what was said it needs to be repeated.

  2. Robert C. Keller

    Contributor Level 20

    6

    Lawyers agree

    Answered . Criminal trouble will develop if the drugs are sold. Additionally, it sounds like your friend may have a drug problem and needs to address it. He must stop manipulating the system and get help for his addiction.

  3. Theodore H. Swan Jr.

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . My colleagues are spot on in their answers. The short answer is "Yes". Your friend may be prosecuted. Sounds like she was scrpit shopping to get more medication than was medically need. I also suggest that they contact a lawyer who has experience in this area of criminal law.

  4. Bryan Eugene DePowell Jr.

    Contributor Level 6

    5

    Lawyers agree

    Answered . I agree with my esteemed colleagues...the simple answer is that there are a number of ways based on what you said that criminal charges may result. As this is a public site I would caution against providing any further information. You need to consult with a competent criminal defense attorney as to the possible outcomes. Good luck.

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