Prescription Drug Fraud in Tennessee: Defending Against Opioid "Doctor Shopping" Charges
In Tennessee, "doctor shopping" means getting or trying to get a controlled substance, such as oxycodone or hydrocodone, from a healthcare provider without telling them you received the same or a similar drug from another provider in the past 30 days.
Prosecutors may charge obtaining a controlled substance through fraud or deception as a Class D felony. You can fight these charges by challenging proof of intent, the accuracy of prescription records, and how investigators gathered evidence.
Many people facing these charges started with a real injury and a valid prescription. Chronic pain and opioid dependence can lead a person into choices they never expected to make. A charge is not a conviction, and you still have options.
At Zak Newman Attorney at Law in Chattanooga, Tennessee, Attorney Zachary Newman understands how health struggles can play a role in criminal charges. He can review the evidence against you and explain your options in plain terms. Call the firm now to schedule a consultation.
What Does Tennessee Law Say About Doctor Shopping?
Tennessee law lists several illegal ways to obtain controlled substances, and two of them apply directly to doctor shopping. Prosecutors only need to prove one, and the law covers attempts, so you can face charges even if the provider never wrote the prescription.
Obtaining drugs by fraud or deception: Getting or trying to get a controlled substance through misrepresentation, fraud, forgery, deception, or subterfuge (a trick or scheme to hide your real purpose).
Failing to disclose recent prescriptions: Getting or trying to get a controlled substance from a provider without telling them you received the same or a similar drug from another provider within the previous 30 days.
Tennessee law separately prohibits obtaining controlled substances by fraud or deception and obtaining them through doctor shopping. Charges often come from visiting several clinics or emergency rooms for the same pain, leaving a current prescription off an intake form, giving false information, or filling prescriptions at different pharmacies.
Seeing more than one doctor is not a crime by itself. The law targets deception or withholding information to get controlled substances.
What Penalties Could You Face?
Prescription drug fraud is a Class D felony, one of several drug offenses in Tennessee that carry prison time. Depending on your criminal history, a Class D felony carries two to 12 years in prison. The sentence depends on the applicable sentencing range, the facts of the offense, and the defendant's criminal history.
The court can also impose fines of up to $5,000. A Class D felony doesn't always mean prison time, though, since judges can order probation instead, especially for people with little or no criminal record.
Prosecutors can file a separate count for each prescription or visit, so one investigation can lead to several felony charges. If TennCare paid for the visits or the medication, you may also face TennCare fraud charges, a separate Class D felony subject to applicable sentencing laws.
Some opioid cases also lead to a possession charge or a DUI in Tennessee if police stop you while you're driving under the influence of the medication. A felony conviction can also affect your job, housing, and any professional license you hold. Certain felony drug convictions can restrict firearm possession under Tennessee law. Whether the restriction applies depends on the offense of conviction and the applicable statutory provisions.
How Do Investigators Build These Cases?
Many doctor shopping cases start with Tennessee's Controlled Substance Monitoring Database (CSMD). This statewide system records controlled substance prescriptions filled at pharmacies. Prescribers must check it before starting a patient on an opioid or benzodiazepine, which shows them prescriptions from other providers.
When a provider knows a patient obtained drugs this way, Tennessee law requires them to report it to law enforcement. Investigators then gather:
CSMD reports
Medical and pharmacy records
Patient intake forms
Statements you made to clinic staff or police
In TennCare cases, the state's Office of Inspector General often leads the investigation. Anything you tell an investigator can become evidence, and you do not have to answer questions without a lawyer present. If investigators contact you, Attorney Zachary Newman can speak with them on your behalf, so you don't make statements that hurt your case.
How Can You Defend Against Doctor Shopping Charges?
The state must prove every part of the charge beyond a reasonable doubt, so a weakness in even one element can lead to a reduced charge or dismissal. The best defense depends on which part of the law you're charged under and what evidence the prosecution has.
You didn't intend to deceive: Prosecutors must show you knowingly misled a provider or withheld information. Confusion, memory problems, medication side effects, or a provider who never asked about other prescriptions can weaken their case.
You disclosed your prescriptions: Medical records are not always complete. Intake forms, provider notes, or staff testimony may show that you told the provider about your other prescriptions.
The facts don't meet the legal definition: Prescriptions filled more than 30 days apart or drugs that are not "the same or similar" fall outside the nondisclosure law.
The records contain errors: Database entry mistakes, mixed-up patient identities, or someone else using your personal information can produce false red flags.
Investigators violated your rights: If police searched your property without a valid warrant or questioned you in custody without reading your Miranda rights, the court may exclude that evidence.
Tennessee drug offenses attorney Zachary Newman can request the full CSMD records, medical files, and investigation reports to find gaps in the state's case. He can then use what he finds to challenge the evidence through pretrial motions or at trial.
Are There Alternatives to a Conviction?
Many doctor shopping cases involve people struggling with opioid dependence, and Tennessee offers options that address the addiction instead of only punishing it. Depending on your record and the facts, you may qualify for one of the options below, but meeting the eligibility rules doesn't guarantee the judge will grant it:
Judicial diversion: Eligible first-time offenders can complete a probation period instead of receiving a conviction. If they meet all conditions, the court dismisses the charge, and they can apply for expungement (removal of the charge from their public record). You can only receive judicial diversion once.
Recovery court: Tennessee's recovery courts place people with substance use disorders in supervised treatment instead of jail or prison.
Reduced charges: Your attorney may negotiate with prosecutors to reduce or dismiss some counts.
Attorney Zachary Newman can assess whether you qualify for these programs and argue for them in front of the prosecutor and judge.
Get Help With Your Prescription Fraud Charge
Doctor shopping charges in Tennessee are generally misdemeanors but can be felonies under specified circumstances. Investigations may involve database records, medical files, and statements. Weak proof of intent, record errors, and police mistakes can lead to reduced charges, a dismissal, or a treatment-based alternative to a conviction.
At Zak Newman Attorney at Law in Chattanooga, Tennessee, Attorney Zachary Newman represents clients across the state, including Red Bank, East Ridge, and Collegedale. He can build a defense around the facts of your case and fight to protect your record and your future. Call today for a consultation.