Pinellas Defense Attorneys Reveal Illegal Police Tactics in Doctor Shopping &amp; Prescription Fraud Investigations

The St. Petersburg, Florida criminal defense team at Russo & Russo, P.A. have noticed a growing trend in doctor shopping, drug trafficking and prescription fraud investigations by local law enforcement. Pinellas County Sheriff’s Detectives, along with police officers in the surrounding St. Petersburg / Clearwater areas are increasingly using “Blast Faxes” to “blanket” countless pharmacies. The police are seeking information about prescriptions the pharmacy has on file for a particular person of interest. Sometimes, these “blast faxes” are not limited to a particular county, but can be targeted to an entire large region of Florida.

Local Pharmacies Routinely Respond to Blast Faxes

When pharmacies receive these requests from law enforcement, they normally respond by providing information about the nature and quantity of controlled substances that were prescribed and purchased by the customer in question. The pharmacies appear all too happy to respond to the fax. They voluntarily agree to provide the records and generally do not require a subpoena or search warrant to produce the information. The police officer personally visits the individual pharmacies and secures copies of pharmacy records that include the names and addresses of the prescribing physicians. Sometimes, the police officer collects copies of the prescriptions themselves. All of this is done through the voluntary compliance of the pharmacy without any official legal process having been undertaken.

Securing the "Narcotics Agreement” Signed by the Suspect

Armed with this evidence, the crafty detective hits the road to pay a call on each of the suspect’s doctors. Displaying his badge with the façade of lawful authority and a hint of intimidation, the police officer will secure “narcotic agreements” from the patient’s file. These routine documents are typically signed by a patient early in the doctor/patient relationship. (Characteristically this takes place when the patient fills out his identifying information, insurance coverage and prior ailments.) The “narcotic agreements” typically provide that the patient agrees not to obtain a similar prescription from another doctor without first securing permission. It is also common for such agreements to provide a host of other prohibitions, such as assurances from the patient that he will not sell, trade or exchange his medications for money, goods or services.They often include an agreement on the patient’s part that the patient will fill all of his prescriptions at a single pharmacy and that he will take his medication only at the dosage prescribed. (See sample: “narcotic agreement”)

Some “narcotic agreements” are drafted by attorneys retained by the physician. Of course, these lawyers make every effort to protect the best interests of the doctor. As a result, sometimes the written “narcotic agreements” will contain language waiving doctor/patient confidentiality. These clauses are included to provide protection for the doctor at the expense of the patient. Common contract/narcotic agreement language may include: “the doctor has the right to release medical information to law enforcement and to fully cooperate with any investigation by the police.” See: “Police Requests for Patient Narcotics Agreements: Placing Physicians Between a Rock and a Hard Place” that appeared in the Florida Medical Association Magazine, Fall 2008.

Interviewing the Suspect’s Doctor

After obtaining the “narcotic agreement” the detective will normally interview the doctor and make the following critical inquires:

1.) Did the suspect/patient inform you that he was seeing another physician? and;

2.) Did the suspect/patient withhold information from you that he had secured a similar prescription from a second doctor?

But, Not So Fast….

Although not all appellate judges are in agreement, the decision of Scott Lee Mullis v. State of Florida, by the Second District Court of Appeal interprets Florida Statute Section 893.07(4) to authorize police officers to secure pharmacy records without the benefit of warrant, a subpoena, or even prior notice to the patient. Therefore, in most cases, prescription information and other documents secured from your pharmacist by “blast faxes” would constitute lawfully secured evidence in a criminal prosecution.

However, it is what police officers do next with that information that crosses the line in the eyes of the law. A law enforcement officer is prohibited from securing your medical records, patient histories, progress notes or medication records without first providing you with advanced notice that they intend to seek a court order. The police are also prohibited from soliciting your medical and prescription drug information by questioning your doctor, or any member of his medical staff.

This protection is guaranteed by your “right of privacy” under article 1, section 23 of the Florida Constitution. The Florida Supreme Court in State v. Johnson expressly found that this privacy right extends to your medical records. Likewise, medical records are protected against the prying eyes of law enforcement under Florida Statute Section 456.057. There is even a strong argument under Florida Administrative Code Sections 64B15-14.005 (5)&(8) “Standards for the Use of Controlled Substances for Treatment of Pain” that the “narcotics agreement” itself constitutes a protected medical record since it contains “instructions and agreements” pertaining to your medical care.

Unless you have previously signed a proper release, or the police first secure a valid subpoena, search warrant or court order, they are prohibited from seeing your “Narcotics Agreement,” as well as, any and all medical records held by your doctor’s office.

Why We are Qualified to Help With Your Prescription Drug Arrest

Our office maintains a rather comprehensive website dedicated to Florida Prescription Fraud cases. We are former state prosecutors who limit our practice to appearing only within the Pinellas County Criminal Court system. As a result, we are not only accustomed to regular dealing with our local State Attorney’s Office, but we are also very familiar with the customs and practices of the Pinellas County Circuit Court judges who will be assigned to your case. We routinely represent clients charged with prescription drug offenses and make regular appearances on behalf of clients in the Pinellas County Drug Court.

Our law firm has been“AV Rated” and we are included in the prestigious “Bar Register of Preeminent Lawyers.” What that means, is that we have been judged by other lawyers as possessing the highest level of skill, integrity and ethical standards. As such, you can feel comfortable knowing that we are committed to extending our clients the highest level of professional care.