Florida lawmakers have been pressed to implement legislation designed to thwart the ever increasing problem of prescription fraud. Advocates want to establish a state-wide computer base that will alert authorities to “doctor shopping.” Former House Speaker Newt Gingrich and Senator Hillary Clinton have been working as a team since 2005 pushing for a national database of personal health information.
In Colorado, such a computerized system is already in place. Just a few days ago, the data bank was tapped by the DEA (Drug Enforcement Agency) to reveal that a Parole Officer had secured the pain medication “vicodin” from two different doctors on the same day. It also revealed that he had allegedly sought other pain medications from additional healthcare professionals. The Parole Officer quickly resigned his position after his arrest for prescription fraud and doctor shopping.
So far, privacy advocates have been successful in preventing the implementation of a similar medical database in Florida. They are armed with a host of arguments that include:
- The possibility that private personal medical information could be accessed by a hacker or other illegitimate source;
- The possibility that the private medical information could be published on the world wide web or other media source.
But the number of incidents of “obtaining a controlled substance by fraud” in Florida is growing at an alarming rate. This increase is likewise being translated into corresponding deaths. The Medical Examiner of one Florida County recently reported that in 73 percent of the deaths he investigated, prescription drugs played a major role. The Sheriff of that same County is now pushing for a prescription drug monitoring program (PDMP), which would provide an active communication network between doctors and pharmacies. The proposal is designed to put a halt to patients going from doctor to doctor for prescriptions - a practice deemed "doctor shopping." It would also shine a spotlight on unscrupulous physicians who are doling out large quantities of controlled painkillers.
When arrested for "obtaining a controlled substance by fraud," Florida Statute Section 893.13(7)(a)9 many of our clients are surprised to learn that law enforcement will charge each transaction as a separate crime. Of course, this method of enforcement could later greatly impact the defendant’s exposure to incarceration as dictated by the Florida Criminal Punishment Code (Sentencing Guidelines.) However, early intervention by a criminal defense attorney can sometimes result in the Pinellas County State Attorney’s Office being convinced that that the Defendant’s addiction, or other mitigating factors, warrant the formal filing of only a single count of the offense.
Click Here to learn about more options available to persons charged with doctor shopping or obtaining a controlled substance by fraud.
Click Here to learn about the impact of a felony conviction and Florida's Sentencing Guidelines.
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