Doctor Shopping – NRS 453.391

Overview

Doctor shopping is a serious offense under Nevada Revised Statute (NRS) 453.391, involving the illegal practice of seeking multiple prescriptions from different healthcare providers to obtain controlled substances. This law aims to prevent prescription drug abuse and protect the public from the dangers associated with the misuse of prescription medications. Understanding the implications of this statute is essential for individuals who may be involved in prescription medication management, healthcare providers, and those facing related legal issues.

Definition of Doctor Shopping

Under NRS 453.391, “doctor shopping” is defined as the act of:

1. Seeking Multiple Prescriptions: Intentionally visiting multiple healthcare providers to obtain prescriptions for controlled substances without informing each provider of the other prescriptions.
2. Deceptive Practices: Using deceitful tactics to obtain these prescriptions, which may include providing false information about one’s medical history or symptoms.
3. Controlled Substances: The focus is on substances classified as controlled, which are regulated due to their potential for abuse and addiction.

Legal Requirements for Prosecution

To secure a conviction for doctor shopping under NRS 453.391, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of Multiple Prescriptions: There must be clear evidence that the accused obtained prescriptions for controlled substances from multiple healthcare providers.
2. Intent to Deceive: The prosecution must demonstrate that the accused intentionally sought these prescriptions with the intent to misuse or abuse the medications.
3. Knowledge of Illegal Activity: The accused must have known that their actions constituted illegal doctor shopping.

Related Offenses

Doctor shopping is related to several other offenses, including:

• Prescription Fraud – NRS 453.365: Involves falsifying prescriptions or using someone else’s prescription to obtain drugs.
• Controlled Substance Abuse – NRS 453.336: Encompasses broader issues of misusing controlled substances.
• Conspiracy to Commit Drug Offenses – NRS 199.480: Involves planning to engage in any drug-related crime, including doctor shopping.

Examples of Doctor Shopping

To better understand how NRS 453.391 applies, consider these examples:

• Example 1: A person visits several doctors in a short period, each time requesting prescriptions for painkillers, without disclosing that they have received similar prescriptions from other providers. This pattern of behavior can lead to charges of doctor shopping.
• Example 2: An individual goes to multiple clinics, using different names or disguises, to obtain prescriptions for anxiety medications. If caught, this can result in legal charges under the statute.

Penalties for Doctor Shopping

The penalties for doctor shopping under NRS 453.391 can be severe:

• Category D Felony: Doctor shopping is typically classified as a Category D felony, which carries significant penalties, including:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Enhanced Penalties: If the offense involves other aggravating factors, such as prior convictions for drug offenses or if it leads to serious harm to others, the penalties can escalate, potentially resulting in harsher sentencing.

Defenses Against Doctor Shopping Charges

If you are facing charges related to doctor shopping under NRS 453.391, several defenses may apply:

1. Lack of Intent: Demonstrating that there was no intent to deceive or misuse medications can be a strong defense. If the accused believed they were acting within their rights to seek medical opinions, this may mitigate liability.
2. Medical Necessity: If the accused can provide evidence that they genuinely needed the medications for valid medical reasons, this can challenge the prosecution’s claims of intent to misuse.
3. Insufficient Evidence: The prosecution must provide clear evidence of the alleged doctor shopping. If the evidence is circumstantial or weak, it may lead to a dismissal of charges.
4. Misunderstanding of Medical Advice: If the accused was following the advice of a healthcare provider and was unaware that their actions constituted doctor shopping, this could be a mitigating factor.

The Importance of Legal Representation

Navigating the complexities of doctor shopping charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling drug-related cases equips him to provide a robust defense against charges under NRS 453.391.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving prescription drug offenses.

Understanding Your Rights

If you are accused of doctor shopping, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against charges of doctor shopping under NRS 453.391 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.