Doctor Shopping: Risks and Consequences in Texas

In the quest for pain relief or a quick fix, some individuals resort to doctor shopping—a dangerous practice that involves illegally seeking additional prescriptions from multiple healthcare providers. This deceptive behavior not only puts the individual at risk but also worsens the ongoing opioid epidemic.

Let’s delve into what doctor shopping entails, the risks it poses, and the legal consequences it carries, particularly in Texas.

What is Doctor Shopping?

Doctor shopping happens when a patient intentionally deceives the healthcare system to unlawfully acquire controlled substances. This often involves visiting multiple doctors to get different prescription medications. Common tactics include:

• Claiming lost medications
• Hiding other prescriptions from doctors
• Denying previous use of the medication
• Lying about medical history or current symptoms

While it may seem harmless, doctor shopping is a form of prescription drug fraud that can lead to severe legal penalties under both state and federal law.

Texas Legal Context of Doctor Shopping

Under Section 481.129 of the Texas Health and Safety Code, a person can be charged with doctor shopping or “prescription fraud” if they knowingly and intentionally:

1. Obtain a controlled substance or multiple controlled substances that are not medically needed.
2. Get or try to get a prescription for controlled substances from a doctor by lying, using fraud, subterfuge, forgery, deception, or hiding important information.

Commonly Abused Prescription Drugs in Texas

1. Opioids: Used for pain relief, these drugs include oxycodone (OxyContin), hydrocodone (Vicodin), morphine, and codeine.
2. Benzodiazepines: Prescribed for anxiety and sleep disorders, examples are alprazolam (Xanax), diazepam (Valium), and lorazepam (Ativan).
3. Stimulants: Often prescribed for ADHD, such as amphetamine/dextroamphetamine (Adderall) and methylphenidate (Ritalin).
4. Sedatives and Tranquilizers: Used for anxiety and sleep issues, including barbiturates and other sedative medications

Risks of Doctor Shopping in Texas

Health Risks

1. Overdose: Taking multiple prescriptions can lead to accidental overdoses, especially with powerful opioids.
2. Drug Interactions: Mixing different prescription medications can cause harmful or even deadly reactions.
3. Addiction: Increased access to drugs raises the risk of developing a substance use disorder.

Legal Risks

In Texas, those convicted of doctor shopping can face serious penalties under Section 481.129 of the Texas Health and Safety Code. The penalties vary depending on the schedule of the drug involved:

Schedule I or II Drugs:

• Second-degree felony
• 2 to 20 years in prison
• Fines up to $10,000

Schedule III or IV Drugs:

• Third-degree felony
• 2 to 10 years in prison
• Fines up to $10,000

Schedule V Drugs:

• Class A misdemeanor
• Up to 1 year in jail
• Fines up to $4,000

The Texas Prescription Monitoring Program

In 2012, Texas launched the “Prescription Access in Texas” database to help healthcare professionals and law enforcement track controlled substance prescriptions. Starting September 1, 2019, a new law requires all prescribing doctors to use the Texas Prescription Monitoring Program.

This system mandates that doctors check a patient’s prescription history before prescribing certain drugs, like benzodiazepines, barbiturates, or opioids, to prevent doctor shopping and prescription fraud. This change makes it easier for law enforcement to identify and prosecute those involved in doctor shopping, with exceptions only for cancer or hospice patients.

Alternatives to Doctor Shopping

For those in need of pain relief or managing chronic conditions, there are legitimate alternatives to doctor shopping:

Pain Management Clinics

• These clinics treat chronic pain with a mix of medication, physical therapy, and alternative treatments.

Mental Health Support

• Counseling and therapy can address the psychological aspects of pain and addiction, reducing dependency on prescription drugs.

Family and Community Support

• Support from family members and community resources can provide emotional and practical help in managing pain and avoiding substance abuse.

When faced with difficult circumstances or challenges, it can be tempting to resort to illegal or dangerous practices as a quick solution. However, it is important to remember that there are always better alternatives available. Turning to illegal activities not only puts oneself at risk of legal repercussions but also endangers the safety and well-being of others.

Arrested? Don’t Plea, Call Me!

Doctor shopping might seem like a quick fix for pain or medication needs, but it comes with serious legal and health risks. At Texas Criminal Defense Group, we understand the challenges you might be facing, and we’re here to help you navigate the complexities of the law.

If you or a loved one is involved in doctor shopping or facing related charges, it is crucial to take action promptly. Contact our experienced drug defense attorneys. We can help you understand your rights, explore legal options, and find legitimate solutions for your prescription needs.

Take the first step towards a safer, more secure future. Reach out to us today for a consultation and let us help you find a way forward without compromising your well-being or legal standing.