June 26, 2006

I spoke with the Florida Medical Board and they told me that it is unethical and illegal for a doctor to write a prescription for him/her and then give it to another patient. They told me I could file a complaint and it would be investigated. I first called The Medical Board of California and found out that they have the same practice in place. As we know from yesterday:

Rush Limbaugh was detained for more than three hours at Palm Beach International Airport after authorities said they found a bottle of Viagra in his possession without a prescription. A doctor had prescribed the drug, but it was "labeled as being issued to the physician rather than Mr. Limbaugh for privacy purposes," Roy Black, Limbaugh's attorney, said in a statement.

Roy Black issued a statement yesterday that said :

While going through routine Customs inspection of luggage at Palm Beach
International Airport upon his return from an international trip, Rush
Limbaugh was detained by customs agents after they noticed a non-narcotic
prescription drug, which had been prescribed by Mr. Limbaugh's treating
physician but labeled as being issued to the physician rather than Mr.
Limbaugh for privacy purposes. After a brief interview, Mr. Limbaugh was
permitted to continue on his journey.

This is not consistent with medical practices in the two states that I have checked on so far. Doctors cannot engage in that type of behavior. By receiving a fake prescription that is clearly in violation of Florida's Medical Law, did Limbaugh then violate the terms of his plea deal? Roy Black's statement tries to paint this occurrence to be typical doctor behavior because of Rush Limbaugh's high profile, but that is not the case.

A Beverly Hills addiction specialist, Dr. David Kipper said that this is the number one offense a doctor can do. They are not even supposed to write prescriptions for family members.

Update: Matt found this: "Physicians generally should not treat themselves or members of their immediate families...read on


I just talked to Paul Miller, spokesman for the Palm Beach County Sheriff's Office and he said that there is no official comment at this time about the doctor who wrote the script or if Limbaugh has violated his deal, but the matter has been raised. I called the State Attorney's office next and they are waiting to receive a "packet" about the case before they will respond. I'll keep you posted.

Also coming from Edmondson "It is generally not illegal under Florida law for a physician to prescribe medication in a third party's name if all parties are aware and the doctor documents it correctly, said Mike Edmondson, a spokesman or the state attorney in Palm Beach County. He would not discuss specifics in the Limbaugh case Tuesday."

Florida statute 499.03
Possession of certain drugs without prescriptions unlawful; exemptions and exceptions.
(2) The possession of a drug under subsection (1) by any person not exempted under this section, which drug is not properly labeled to indicate that possession is by a valid prescription of a practitioner licensed by law to prescribe such drug, is prima facie evidence that such possession is unlawful.

Chapter 465
View Entire Chapter
465.0276 Dispensing practitioner.--

(1) A person may not dispense medicinal drugs unless licensed as a pharmacist or otherwise authorized under this chapter to do so, except that a practitioner authorized by law to prescribe drugs may dispense such drugs to her or his patients in the regular course of her or his practice in compliance with this section.

(2) A practitioner who dispenses medicinal drugs for human consumption for fee or remuneration of any kind, whether direct or indirect, must:

(a) Register with her or his professional licensing board as a dispensing practitioner and pay a fee not to exceed $100 at the time of such registration and upon each renewal of her or his license. Each appropriate board shall establish such fee by rule.

(b) Comply with and be subject to all laws and rules applicable to pharmacists and pharmacies, including, but not limited to, this chapter and chapters 499 and 893 and all federal laws and federal regulations.

(c) Before dispensing any drug, give the patient a written prescription and orally or in writing advise the patient that the prescription may be filled in the practitioner's office or at any pharmacy.

(3) The department shall inspect any facility where a practitioner dispenses medicinal drugs pursuant to subsection (2) in the same manner and with the same frequency as it inspects pharmacies for the purpose of determining whether the practitioner is in compliance with all statutes and rules applicable to her or his dispensing practice.

(4) The registration of any practitioner who has been found by her or his respective board to have dispensed medicinal drugs in violation of this chapter shall be subject to suspension or revocation.

(5) A practitioner who confines her or his activities to the dispensing of complimentary packages of medicinal drugs to the practitioner's own patients in the regular course of her or his practice, without the payment of fee or remuneration of any kind, whether direct or indirect, and who herself or himself dispenses such drugs is not required to register pursuant to this section. The practitioner must dispense such drugs in the manufacturer's labeled package with the practitioner's name, patient's name, and date dispensed, or, if such drugs are not dispensed in the manufacturer's labeled package, they must be dispensed in a container which bears the following information:

(a) Practitioner's name;

(b) Patient's name;

(c) Date dispensed;

(d) Name and strength of drug; and

(e) Directions for use.

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