Legal Question in Criminal Law in Florida

I have one further question about what I asked before. I had asked "If a doctor writes 2 prescriptions instead of one by mistake is it legal to fill the second one a month later even though they both have the same dates on them?" I was told that it is an illegal script and to destroy it which I will do. The problem is that I tried to fill it last Thursday and the drug store would not do it, saying it was too soon. Now I will destroy the prescription at this point and never fill it. I then asked "I have not heard from anyone about trying to fill it last thursday so as long as I destroy it should I be okay?" I was told that it would most likely be okay. How about if I fill a new prescription of the same medication with a new prescription on Weds. Would that cause any issue since I tried to fill another Prescription last Thursday. Do I run any extra risk trying to fill a LEGAL prescription on Weds (that would be written by a doctor on Weds.)? I will fill it at a different store, different chain. Should this most likely be okay? I need this medication and while I made a mistake in trying to fill the other prescription I hope that I can fill the new legal prescription without any legal issue.


Asked on 6/11/12, 9:26 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Let me cut to the chase, because you appear to be repeatedly asking about what you can get away with. Bottom line is this. If one doctor accidentally gave you two scrips, only one is legal. If one doctor gave you one scrip, and then a second doctor gave another prescription for the same thing, then you would be guilty of doctor shopping; again illegal. Doctors and pharmacists track these records and the police often get this information easily in order to prosecute people trying to get more drugs than their doctor prescribes. If you're having problems with pill addiction then you need to address that. There's nothing to be ashamed of, as it is an epidemic right now and I have way too many clients that are addicted to prescription drugs, so you would have a lot of company. I suggest you address the reason you are asking this question and not asking attorneys what you can get away with. In your heart, you know what the right thing is. What you choose to do with that information is up to you. I wish you luck.

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Answered on 6/11/12, 4:32 pm


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