The question of how many doctors constitutes “doctor shopping” does not have a simple numerical answer. This concept, often carrying a negative and illegal connotation, is not defined by a fixed quantity. Instead, the practice is legally and medically understood based entirely on the patient’s intent and the act of deception. The term describes seeking care from multiple providers, but the underlying fraudulent motive differentiates it from legitimate patient behavior. The focus is on concealing information to obtain controlled substances, not merely the number of separate appointments.
The Legal Definition of Doctor Shopping
The legal definition of doctor shopping is not tied to a specific number of practitioners visited. It is defined by the fraudulent action of obtaining or attempting to obtain a prescription for a controlled substance by deception, misrepresentation, or the concealment of a material fact. The core violation occurs when a person obtains a controlled substance prescription from one medical provider and then knowingly seeks the same or a similar medication from another provider without disclosing the existing prescription.
State laws typically codify this practice as obtaining a controlled substance by fraud or misrepresentation. The intent to acquire drugs for non-medical use or abuse is generally required for the behavior to be considered a criminal offense. Visiting multiple doctors is the mechanism used to execute the deception, aimed at acquiring a greater quantity of the desired drug.
Tracking and Detection Methods
The primary mechanism used to identify patterns associated with doctor shopping is the Prescription Drug Monitoring Program (PDMP). These are statewide electronic databases that collect and track all prescriptions dispensed for controlled substances. The system flags individuals based on specific patterns of prescription activity within a defined timeframe, not a fixed number of doctors.
Prescribers and pharmacists use PDMPs to review a patient’s prescription history before issuing a new controlled substance. The database flags patients who have received multiple overlapping prescriptions for the same drug from different providers. This centralized data collection makes it difficult to conceal visits to various clinics or pharmacies across a state.
The PDMP system looks for behaviors such as filling prescriptions from multiple prescribers or using several different pharmacies within a short period. These patterns suggest an attempt to circumvent the typical limits on controlled substance prescribing. The data is also utilized by state health departments and law enforcement to identify fraudulent activities and the illegal diversion of controlled substances.
Consequences and Penalties
Being identified as a doctor shopper carries serious legal and medical consequences. The offense is often charged as a felony, though it may sometimes be a misdemeanor, depending on state law and the specific circumstances. Conviction can lead to penalties that include significant fines and periods of incarceration, potentially up to five years in prison.
A felony conviction results in a permanent criminal record, which can have long-term effects on employment opportunities and civil rights. In addition to criminal charges, individuals may face medical repercussions, such as being discharged from their physician’s practice. Being flagged as a doctor shopper can complicate future legitimate medical care, especially pain management, for those with substance use disorder.
When Seeking Multiple Opinions Is Acceptable
Seeking care from multiple physicians is a common and legitimate practice, distinguished from illegal doctor shopping by transparency and intent. It is acceptable to seek a second opinion regarding a complex diagnosis or a recommended surgery. Patients may also see multiple specialists, such as a cardiologist and a dermatologist, who may legitimately prescribe different medications.
The fundamental difference lies in full disclosure to all healthcare providers. When seeking a second opinion, the patient openly shares their complete medical history, including all existing prescriptions and the previous doctor’s findings. This open and collaborative process ensures coordinated care, which is the opposite of the concealment required for doctor shopping. Legitimate reasons for seeing multiple doctors include:
- Dissatisfaction with a diagnosis.
- Looking for a provider with whom a patient has a better rapport.
- Moving to a new geographic area.