The rise in opioid drug addiction has led to a phenomenon referred to as “doctor shopping.” Individuals will visit multiple doctors to obtain multiple prescriptions for controlled substances, such as painkillers.
Doctor shopping is illegal in Texas, and a conviction can result in serious consequences, including fines and possible jail time. But was there intent, or was it a misunderstanding?
Proving intent in doctor shopping cases
Doctor shopping violates the Texas Controlled Substances Act, but a prosecutor needs to prove that you intentionally manipulated the healthcare system and misled healthcare providers into writing prescriptions. In other words, what was your state of mind when you allegedly committed the offense? Intent involves the following elements:
- You knowingly deceived the healthcare providers or withheld information from them.
- The purpose of your deception was to acquire additional prescriptions unlawfully
- Your actions were indicative of deceptive behavior, such as visiting multiple doctors within a short amount of time or providing inconsistent medical histories
Prosecutors use a variety of tools when trying to prove intent. The Texas Prescription Monitor Program tracks Schedule II, III, IV and V Controlled Substances dispensed by a pharmacy or to a Texas resident. The database can show if someone obtained multiple prescriptions of the same drug from different providers.
Patterns suggesting an effort to get around the system could reflect intent. In addition, physicians and pharmacists may testify that you withheld information from them to obtain the prescription. Behaviours such as visiting multiple counties, crossing state lines or avoiding visiting the same doctor could be presented as evidence of planning.
But not everything is as it may seem. Your actions may have been accidental and not a deliberate attempt to mislead. For example, your usual doctor wasn’t available, so you visited another doctor. While filling out the various required forms, you forgot to disclose all of your prescriptions.
You may have had a medical necessity to visit various specialists to find a treatment that works. Medical records and treatment plans can support your claim of a genuine need for the medication.
There are many times that a person’s actions are not intentional. Instead, the problem is a misunderstanding or miscommunication between a patient and provider. It’s vital that you work with someone who will protect your rights and provide a strong defense.