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Advice requested – physician using name of friend to write prescription for self

sstamm

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I didn't think identity theft or that my friend's medical record might be compromised. Good points. Will see my friend again tomorrow. In the meantime I think I will stop at my pharmacy. Have a good relationship with one of the pharmacists there. Bet he will have some practical advice, like where and how to report this, hopefully, with as few repercussions as possible for my friend.

Thanks so much for all the good advice. Will keep you posted.

Diane

If the drug is a controlled substance, which it likely is, this is definitely in violation of state and federal laws. The Controlled Dangerous Substances Act says that a prescriber may issue a prescription for a controlled substance for a legitimate medical purpose when acting in the usual course of professional practice. Ovbiously neither of those conditions exist in your friend's case.

Even if the state medical board is not interested in this, the DEA will be. Although not currently practicing, I am a registered pharmacist. When I was working, in addition to an agent in the state drug control office, we had a contact in the narcotics division of the local police department that we called when dealing with issue like this or forged prescriptions. The pharmacist that you mentioned you were comfortable with can probably give you information on who your friend should contact. If not, google Drug Enforcement Administration and you should be able to find a local division.

For her own protection as well as the public's and the physician's, she needs to report this. I agree with the poster who said it sounds like a cry for help from the physician.

Good luck to your friend. She's lucky to have your support.
 

Jennie

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Or she could just go to the local police station and ask to speak with a senior detective in the Narcotics Division. They will know from past experience what the best method is for addressing the issues. They will also know who to contact in other agencies such as the DEA.

If your friend were to continue working for this woman after receiving that dispicable information, not only would the authorities think friend was complicit when they investigate, but the doctor would take friend's continued employment to mean that she is "okay" with the doctor's criminal behaviour. She has probably already filled many prescriptions under your friend's name and will continue to do so if your friend does not resign immediately and tell the doctor that if anyone asks her about it, she will tell the whole truth and "let the chips fall where they may."

By the way, are there any minor children living in the home? Friend may be endangering their welfare by not reporting the situation to the police.

I knew someone who was in a similar situation. Her threat to report the drug abuse to the police was enough to get the woman to overcome her addiction.
 

Joe L

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The doctor needs help NOW. The fact that she was a Pediatrician makes it worse. How many children did she see when under the influence? How many diagnoses did she make when on drugs? If my child was under her care i would be irate. Maybe the only way she will get help is to be arrested and let justice take its course.

29 years NYPD
 
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Diane

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update

I went and talked to my pharmacist today. I have known him for years and trust him and his judgement. He said there are a lot of issues here, and that this is a matter taken seriously in the medical professions, even if they take a long time to investigate. Other points, not in any particular order:

1. my friend has to tell the truth (she would anyway, but he does not know her), that if she lied about this she could end up in jail while the doctor was out and free

2. that the doctor probably paid cash for the pain killers and that there would be nothing that would show up anywhere on my friend's medical records

3. that you don't want to mess with any insurance company. That if the doctor managed to used my friend's insurance information this could cause big trouble for the doctor. However, insurance companies do not always notify the insured when paying for medication for an insured. However, still not likely to cause a problem with my friend's medical history.

4. that my friend has no legal obligation to report this, only to tell the truth if asked

5. that it is important that my friend have a talk with the doctor, saying she is glad the doctor told her what she had done, but that she (my friend) will have to tell the truth about this.

He seemed to understand my feeling that what the doctor did here is despicable, picking out one of the most vulnerable people in her life, rather than any of the many others she know, including me. This doctor is a very selfish, self-centered person who has had every advantage in life, compared to her housekeeper who did not graduate from high school and has had to work hard for everything she has.

I have passed the pharamcist's comments on to my friend. She has told me it is ok to give the pharmacist the name of the doctor. I think this is good as the doctor lives close to the pharmacy in question and probably has, or will use it.

Thank you for all your suggestions and comments.

Diane
 
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Pat H

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Your pharmacist gave you wrong advice. Your friend DOES have an obligation to report a crime to law enforcement. If she doesn't she could be considered an accessory after the fact especially if the Dr. continues to forge prescriptions in your friend's or someone else's name.
 

Diane

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Pat -- thanks for your post. Could you please elaborate on what you said about my friend's obligation to report this. What is the basis or source of the obligation? I am trying to understand.

Thanks,

Diane
 

grest

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Don't you become an accessory if you do not report?
Connie
 

Diane

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My friend has only the verbal statement from the doctor. Nothing in writing, no physical evidence. She is not going to lie about what the doctor told her. I don't see how she could be considered an accessory. Don't you have to do something to be considered an accessory, like lie or hide something?

Diane
 

Chrisky

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Well Diane, after reading all these posts, your friend is an accessory to this illegal activity if she doesn't report it. By not reporting it, she is hiding this information from the authorities. Now I'm not sure what level of illegality, but it is her duty as a law abiding citizen to report this.
 

Diane

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Do you mean that anyone who knows of (but has no evidence of ) a crime must report it? And to whom, the pharmacist? the state medical board? local law enforcement? federal law enforcement?

Diane
 

Beaglemom3

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Let me put it simply as it can be a grey area in law or at least, hard to prove -"what did you know and when did you know it ?"..................

If having knowledge of a crime/illegal activity and you willingly conceal it, you can/may be implicated. Of course, this is sometimes hard to prove, but proving something and being forthcoming are two very different thing and it would be a wonderful world if doing the right thing was the first things that leapt to mind.

My area of concentration in law is biomedical-pharmaceutical, but we all have to learn basic torte law in whatever track we persue.

If I had knowledge of a fellow N.P. who was abusing scripts by diversion or falsifying prescriptions, I would approach her and ask her to turn herself into the Board and DEA. If not done within 24 hrs., I would have to. Not a problem.
 
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Pat H

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Do you mean that anyone who knows of (but has no evidence of ) a crime must report it? And to whom, the pharmacist? the state medical board? local law enforcement? federal law enforcement?

Diane

Yes, exactly. It's not your friend's responsibility to get evidence, that's the job of law enforcement. She should report it to local law enforcement. I also think she should report it to the medical board.

Look at it this way - if the Dr. told your friend that she had committed a bank robbery, would she keep silent? Now I realize bank robbery is a more serious crime than forging prescriptions but the premise is the same.
 

Diane

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My friend is not concealing anything. I appreciate your concern about a physician who would do this, which I share, but I also appreciate the burdens of legal proceedings, cross examination, etc. of my friend by an attorney who would no doubt be hired by the physician if this came to a hearing. My friend will not lie, is willing to give the specifics to the pharmacist who lives close to where the physician lives and to tell the physician that she (my friend) will not lie for her or about this. Where is the legal duty to do anything more?

Diane
 

laura1957

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My friend is not concealing anything. I appreciate your concern about a physician who would do this, which I share, but I also appreciate the burdens of legal proceedings, cross examination, etc. of my friend by an attorney who would no doubt be hired by the physician if this came to a hearing. My friend will not lie, is willing to give the specifics to the pharmacist who lives close to where the physician lives and to tell the physician that she (my friend) will not lie for her or about this. Where is the legal duty to do anything more?

Diane

By way way of thinking she IS concealing it. She knows about it and is not telling. Illegal?? I dont actually know - but morally, I think she is guilty if not reporting it. As in the bank robbery, or murder, rape or anything else - by knowing and not doing anything to prevent it she is enabling the situation to continue. Maybe not using her name next time, but someone else's.
 

Keitht

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My friend is not concealing anything. Where is the legal duty to do anything more?

Diane

I still believe she has a legal duty to report this alleged, serious abuse of controlled substances. But let's put it another way. How would your friend feel is somewhere down the line this physician was responsible for the death of a patient because judgement was impair by whatever she is taking? Even if your friend could say she had no legal requirement to report what she knew, she would have a level of moral responsibility in the outcome.
Which would be tougher to live with, reporting something said to her by the physician if the physician's claims turned out to be some kind of sick joke or a death which your friends actions might have prevented?
It might sound melodramatic here, but that is the bottom line of what could happen.
 

Beaglemom3

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Concealing by omission or non-reporting, possibly.

The friend may be culpable for aiding/abetting through omission/witholding depending on a few more facts.

If my child was injured by this MD, I'd go after everyone that I could by casting a wide net including the bystanders. Juries would find against all parties involved.

Diane, you're a good friend to have. Sometimes, you've got to be cruel to be kind.

Some professions are mandated reporters to actions of this nature, child/elder abuse, etc. So we take a harder look at non-reporting. This could be some of the dynamics here.

Yes, true. It will be difficult for your friend if cross-examined on the stand, but it's hardly likely that this will see the inside of a courtroom as they will have the evidence (prescriptions) on the MD. What would be difficult would be for your friend to be sued, cross-examined and worse if after discovering the MD's miscondut, someone was harmed of killed.
 
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Diane

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Thanks so much for all your helpful thoughts and comments. They are genuinely appreciated and will be passed on.

Diane
 

pianodinosaur

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I do not know about legal opinions, but it sounds like we are dealing with a seriously impaired physician who should not be practicing medicine. Most state boards are obligated to investigate every complaint be they meritorious or not. Most complaints are in fact not meritorious. However, prescribing medications for yourself using another person's name would be a felony in the state of Texas. If this is actually taking place, the complaint would be meritorious and the state board would take action to protect the public.

Would you want a pediatrician high on drugs sticking a spinal needle into your child's neck while checking for meningitis?
 

Patri

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The first post said the physician was no longer practicing. I think this discussion has run its course.
 

Jennie

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I asked this question earlier, but received no reply.

ARE THERE ANY MINOR CHILDREN LIVING IN THE HOUSEHOLD????? The children could be in danger. A divorce was mentioned. Does the housekeeper know who the father/ex-husband is and how to reach him? If so, the information should be reported to him. If he does not take appropriate action, and anything tragic happens to the children, the guilt and possible legal culpability would be on him, rather than your friend.
 
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laxmom

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I am not certain but if she was ordered to undergo drug testing as a result of the custody agreement, wouldn't there have to be some history to base that on? This sounds like an exsisting and documented problem for the court to make that a requirement. That isn't a normal requirement.

I don't think that knowing about this but not reporting it without any proof would get your friend in any trouble. All the Dr. has to do is deny it and I think she knows that, otherwise she wouldn't have jeopardized everything by telling your friend about what she did. I do agree that there is some investigation looming for her to tell your friend that "if someone calls" not to be surprised.

Tough spot for your friend but I would want to distance myself from that timebomb before it blows!
 

laura1957

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The first post said the physician was no longer practicing. I think this discussion has run its course.

The post says no longer practicing - but obviously this person is still writing prescriptions, and something should be done about their actions.
 

Beaglemom3

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You don't have to be actively practicing to write scripts. Your license needs to be current to be legal. Just an FYI here.
 

laura1957

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You don't have to be actively practicing to write scripts. Your license needs to be current to be legal. Just an FYI here.

Right, and THIS person has obviously abused the system and something should be done about it. She can legally write prescriptions - but what she did WAS illegal.
 
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