What if you have had 2 different doctors write the same script but 1 found out and tried to persue it, what could the person be charged with?

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What if you have had 2 different doctors write the same script but 1 found out and tried to persue it, what could the person be charged with?

Asked on January 16, 2013 under Criminal Law, Connecticut

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is an offense in Connecticut to procure increased qualities of controlled substances by fraud, by misrepresentation, or by concealment of a material fact. This statute is found in the Conn. Gen. Statutes at Sec. 21a-266.  (You can probably find a copy on your state's website under the legislative section) If you went to both doctors to get the same constrolled substances, then you could be charged and convicted of a felony offense. 

If you went to two doctors and did not realize that they were prescribing you the same medication, then you could refute the intent requirement of the charges by showing that it was the doctor's error, not yours, in writing two prescriptions.  In the end, it will depend on whether or not the local law enforcement agency decides to file charges and whether the prosecution will accept the charges.  This statute has been enforced in Connecticut.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you have been damaged about the matter that you have written about I doubt that the district attorney's office in the county where you reside would want to pursue a criminal matter based upon what you have said. Your recourse seems to be a complaint with your state's medical association which would be an administrative matter.


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