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Invisiblemr.bixby
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Registered: 03/14/08
Posts: 1,246
Loc: The West is the Best
Doctor Shopping legality?
    #10605767 - 07/01/09 08:06 PM (14 years, 10 months ago)

I have an appointment next week with a doctor about getting on medication again.  I've been on numerous SSRI's in the past and want to go on a benzo but I got the feeling that he isn't going to go for it. 
I then saw a segment on the national news in America about people being arrested for "doctor shopping" and was wondering how you could get arrested for going to different doctors if you couldn't get what you want.  I do have the symptoms and it's legitimate, but the SSRI's like lexapro and prozac make things worse for me.  Everywhere I go they just want to put me back on these or simular drugs.


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finality [faɪˈnælɪtɪ]
n pl -ties
1. the condition or quality of being final or settled; conclusiveness.
2. a final or conclusive act

Long live the Shroomery and I'm done with it.:toast:

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Invisiblejohnm214
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Loc: Americas
Re: Doctor Shopping legality? [Re: mr.bixby]
    #10606961 - 07/01/09 11:27 PM (14 years, 10 months ago)

I just checked, and I learned there are in fact no laws of any sort in Antarctica!  So your all set!  There's some funny treaty buisness, but you should feel free to shop around all you want so long as you stay on Antarctica.

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Invisiblemr.bixby
Routine waxes cold
Male

Registered: 03/14/08
Posts: 1,246
Loc: The West is the Best
Re: Doctor Shopping legality? [Re: johnm214]
    #10608757 - 07/02/09 09:19 AM (14 years, 10 months ago)

Wow, is there actually some laws you don't claim to know?


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finality [faɪˈnælɪtɪ]
n pl -ties
1. the condition or quality of being final or settled; conclusiveness.
2. a final or conclusive act

Long live the Shroomery and I'm done with it.:toast:

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OfflineAlan RockefellerM
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Re: Doctor Shopping legality? [Re: johnm214]
    #10609533 - 07/02/09 12:27 PM (14 years, 10 months ago)

What would the legality be if he was to move from Antartica to Utah?

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InvisibleStonehenge
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Re: Doctor Shopping legality? [Re: Alan Rockefeller]
    #10610018 - 07/02/09 01:55 PM (14 years, 10 months ago)

The laws refer to obtaining more drugs for the same condition. If you don't like what one doc prescribes, you can go to another with no problem. It becomes illegal if you get narcotics for pain from one and then go to another and get more. The wording will vary from state to state of course.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755

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Invisiblemr.bixby
Routine waxes cold
Male

Registered: 03/14/08
Posts: 1,246
Loc: The West is the Best
Re: Doctor Shopping legality? [Re: Alan Rockefeller]
    #10610518 - 07/02/09 03:37 PM (14 years, 10 months ago)

Quote:

johnm214 said:
I just checked, and I learned there are in fact no laws of any sort in Antarctica!  So your all set!  There's some funny treaty buisness, but you should feel free to shop around all you want so long as you stay on Antarctica.



Quote:

Alan Rockefeller said:
What would the legality be if he was to move from Antartica to Utah?



:cuddles:


--------------------
finality [faɪˈnælɪtɪ]
n pl -ties
1. the condition or quality of being final or settled; conclusiveness.
2. a final or conclusive act

Long live the Shroomery and I'm done with it.:toast:

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Invisiblemr.bixby
Routine waxes cold
Male

Registered: 03/14/08
Posts: 1,246
Loc: The West is the Best
Re: Doctor Shopping legality? [Re: Stonehenge]
    #10610545 - 07/02/09 03:43 PM (14 years, 10 months ago)

Quote:

Stonehenge said:
The laws refer to obtaining more drugs for the same condition. If you don't like what one doc prescribes, you can go to another with no problem. It becomes illegal if you get narcotics for pain from one and then go to another and get more. The wording will vary from state to state of course.




Thanks, I hate it when doctors put unfounded fear in a person.


--------------------
finality [faɪˈnælɪtɪ]
n pl -ties
1. the condition or quality of being final or settled; conclusiveness.
2. a final or conclusive act

Long live the Shroomery and I'm done with it.:toast:

Edited by mr.bixby (07/02/09 03:48 PM)

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Invisiblejohnm214
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Re: Doctor Shopping legality? [Re: Alan Rockefeller]
    #10612318 - 07/02/09 09:48 PM (14 years, 10 months ago)

Quote:

Stonehenge said:
The laws refer to obtaining more drugs for the same condition. If you don't like what one doc prescribes, you can go to another with no problem. It becomes illegal if you get narcotics for pain from one and then go to another and get more. The wording will vary from state to state of course.





Nope, you are wrong.  If you go to a doctor and knowingly recieve or attempt to recieve (which the O.P. admits to) a controlled substance, and fail to disclose any other source of controlled substance, whether by doctor or drug dealer, you have committed an offense.  It doesn't appear that you have to have deliberately withheld information.  Additionally, if you don't disclose a material fact, you've also committed an offense.  Given that docs usually ask for the other people you've seen regarding this issue, I would think the failure to tell them who all you've seen in the past would be a material fact.  If the law agrees, if you don't tell them your seeing him cuz you wren't happy with what the other doc prescribed, you would appear to be guilty.


There is no requirement that the state prove you recieved the controlled substances in greater quantity or that you be receiving the same type of controlled substance.  So long as the new doc doesn't know about the old doc prescribing any controlled substance, or that you smoke marijuana,  it can constitute an offense.

Your statement that as long as you don't get more drugs of the same type that its fine is wrong.  You should really stop telling people things before checking if what you say is accurate.

Quote:

Alan Rockefeller said:
What would the legality be if he was to move from Antartica to Utah?





Why would he want to do that?

Anyways, it seems so long as he doesn't withold any material fact and discloses all sources and reciepts of all controlled substances, that he's ok.  Of course telling a doc you are hopping around and want xanax while you do mushrooms and pot probably isn't going to help, but that's the law.


I must say, this law is stupid as hell, in addition to be written by a crackhead- its very hard to parse.  If you don't tell the surgeon that your going to amsterdam next week, you're a criminal?  If you don't mention to your psychiatrist that your endocrinologist prescribes steroids for your muscle condition, your a criminal?  If you don't tell your ER doc that's giving you a shot that you occasionally smoke pot, jail?


58-17b-501
Quote:

  (6) procuring or attempting to procure any drug for himself or to have someone else procure or attempt to procure any drug:
    (a) by fraud, deceit, misrepresentation, or subterfuge;
    (b) by forgery or alteration of a prescription or any written order;
    (c) by concealment of a material fact;
    (d) by use of




§ 58-37-8 (3) Prohibited acts C
Quote:

(a) It is unlawful for any person knowingly and intentionally:
(ii) to acquire or obtain possession of, to procure or attempt to procure the administration of, to obtain a
prescription for, to prescribe or dispense to any person known to be attempting to acquire or obtain
possession of, or to procure the administration of any controlled substance by misrepresentation or failure by the person to disclose his receiving any controlled substance from another source, fraud, forgery,
deception, subterfuge, alteration of a prescription or written order for a controlled substance, or the use of
a false name or address;
Vermont: 18



Edited by johnm214 (07/03/09 02:47 AM)

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