Legal Question in Criminal Law in Georgia

What Georgia criminal statute (O.C.G.A.) can be cited against a doctor who requires unnecessary drug tests? I once found a statute, similar to but not "extortion", which would cover a situation of a doctor who requires regular drug testing by ALL patients receiving medication before he will issue prescriptions, despite the absence of any suspicion of abuse (probable cause). The testing is done in-house and is a major source of revenue for the clinic. I can't seem to find the statute now and would appreciate any guidance. (FWIW, the doctor is also believed to be submitting fraudulent Medicaid and Medicare claims for reimbursement for the unnecessary tests.)


Asked on 8/15/13, 1:49 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is NO criminal statute that forbids a doctor from drug testing patients. In fact there is no law that says he has to ever write a prescription. Your remedy is you dislike a doctor's practices is very simple (and this is not a legal issue at all) - you get a new doctor.

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Answered on 8/15/13, 3:16 pm


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