Legal Question in Health Care Law in Idaho
someone dispensing meds to my minor child
My 19 yr old daughter told me that her stepmother used to provide her with birth control pills and that she is now providing my 16 year old with them. I am her legal guardian. The stepmom is not a physician but works at a medical office and claims to have access to the dr's script pad and signature stamp. Each month she goes to Utah(where she lived until 1 yr ago) and comes back with several different prescription meds (Norco is one example)My 19yr old said that the stepmom calls whenever she is leaving UT to see if anyone needs any meds. I don't know how she is getting them or where. My worry is that she is giving my 16yr old prescription meds without my consent and i don't know if she is stealing them or how she is getting them. We know nothing about her. my ex met her on the internet and married her 3 weeks later. She now has access to my children.What can I do and what steps do i take?
1 Answer from Attorneys
Re: someone dispensing meds to my minor child
I am unclear where this activity is taking place. I assume either Idaho or Utah. Wherever the nurse practices, you should file a complaint with the Board of Nursing and you should send a full report of what is happening to the local narcotics control authority. You can find a list of these at http://www.nascsa.org/Folder5/statecontacts.htm and I would advise you to get in touch with them right away.
What the nurse is doing violates the nursing practice act and the pharmacy statutes and is likely a felony. This nurse could lose her license and could do jail time. I do not understand why a professional would do this. The physician she works for is likely to face professional discipline as well. The doctor cannot delegate his prescribing authority unless it us under a collaborative practice agreement.
Giving medications to a child not your own, particularly when you do not have any legal authority to treat is probably assault under your state's law. You may have a civil cause of action against her for giving your daughter these medications. See a local attorney for more information on this.
At any rate, you will need to make a report in order to get action, and that means you will have to give your name, and her name. Given that there is interstate transportation of these drugs, the FBI may also be interested.
Good luck
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