# Can I get in trouble writing prescriptions for myself? **URL:** \ **Category:** Factual Questions\ **Created:** [April 19, 2004, 2:21pm UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827 "2004-04-19T14:21:18Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![choosybeggar](https://avatars.discourse-cdn.com/v4/letter/c/8c91f0/32.png) [@choosybeggar](https://boards.straightdope.com/u/choosybeggar)\ **Post date:** [April 20, 2004, 5:15am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/21 "2004-04-20T05:15:47Z")
\*\*\*Damn, hit send by accident ------continued----------- I found it ironic that my legalistic-only fixated superiors watch as I’m pilloried for ethical shortcomings in your vision, **Astro.** ---
**Author:** ![choosybeggar](https://avatars.discourse-cdn.com/v4/letter/c/8c91f0/32.png) [@choosybeggar](https://boards.straightdope.com/u/choosybeggar)\ **Post date:** [April 20, 2004, 5:22am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/22 "2004-04-20T05:22:26Z")
> [@dnooman](#): > > So, you can prescribe people medication, but you don’t know if you can prescribe meds to yourself. Forgive me if I’m a bit baffled by your request, but it seems to me like something that is either acceptable, or blatantly against the law. Shouldn’t your Prof have advised you of such things? Isn’t there some local code you can refer to, or state law? > > I’ll admit that I’m wondering why this is in question. Of all people, shouldn’t med students be the first ones told about such a law? If I wanted to know if doctors could prescribe their own meds, I’d ask a doctor, but since you _are_ one, I’m at a loss. > > So, how would the general public have a better idea of the legality of an MD prescribing their own meds than another MD would? I’m pretty sure you’re not home-schooled. You’d figure, wouldn’t you? There are many things doctors don’t learn until after they begin practice, however. My short list of Med School shortcomings includes: 1. Legality of self-prescription (you already knew that) 2. How to bill (a myriad of rules exist) 3. How to be a small business owner 4. How to be prepared for a malpractice suit (it’s said they happen to everyone eventually. Not me yet, though) I hope it’s clear to you from this thread that a simple answer is elusive. ---
**Author:** ![rfgdxm](https://avatars.discourse-cdn.com/v4/letter/r/c0e974/32.png) [@rfgdxm](https://boards.straightdope.com/u/rfgdxm)\ **Post date:** [April 20, 2004, 5:26am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/23 "2004-04-20T05:26:47Z")
> [@choosybeggar](#): > > **Astro,** thanks for joining the discussion and for your contribution. I asked about the legalities of self-prescribing because I couldn’t find factual information on my own. Your post is the first addressing that the practice is possibly illegal. My spidey-sense tells me that you’d think I’d carry on regardless. Sometimes I don’t get this place 😕 > > Maybe you (and others in this thread) believe that my mind is set on this issue. Far from it. > > I _am_ a young resident. My record is unblemished, it’s new. I won’t be jeopardizing it. That’s why the issue of legality is central to the question of self-prescribing. > > Not to say it’s the only issue or even the main issue. Whether the ethical issues are thorny or not is both situational and dependent on individual values. > > To come down squarely on one side or the other solely on ethical grounds, IMHO, dilutes the complexity of the issues. > > I sense that I’ve misrepresented my colleagues’ (actually, my superiors’) views on self-prescribing, as well. My curiousity regarding self-prescribing arose when, in my presence, Derm MD-A asked Derm MD-B to write them for blood pressure medication C. I asked MD-A why she didn’t write the script herself. She felt that it might look bad to an auditor should she ever be investigated. Legalities were on her mind, not ethics > > **Astro,** of course you didn’t know that. I I’d suggest that you bounce this question off some pharmacists in your state. Pharmacist almost always know more about the legalities of prescribing, because well…that’s what line of business they are in. I note above you wrote “She felt that it might look bad to an auditor should she ever be investigated.” What kind of auditor? As in a state or federal one that would have you prosecuted for breaking the law? Or one that would question medical ethics? And, as a practical matter, who enforcing prescribing laws will even be looking at scripts for 800 mg ibuprofen tablets? They’ll be plowing through the pharmacists controlled substance scripts on file. ---
**Author:** ![choosybeggar](https://avatars.discourse-cdn.com/v4/letter/c/8c91f0/32.png) [@choosybeggar](https://boards.straightdope.com/u/choosybeggar)\ **Post date:** [April 20, 2004, 5:33am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/24 "2004-04-20T05:33:11Z")
> [@rfgdxm](#): > > What kind of auditor? As in a state or federal one that would have you prosecuted for breaking the law? Or one that would question medical ethics? I’m thinking legal, not ethical. They typical ethics board review would not address an issue as broad as a physician’s global prescribing practice. ---
**Author:** ![rfgdxm](https://avatars.discourse-cdn.com/v4/letter/r/c0e974/32.png) [@rfgdxm](https://boards.straightdope.com/u/rfgdxm)\ **Post date:** [April 20, 2004, 5:43am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/25 "2004-04-20T05:43:59Z")
> [@choosybeggar](#): > > I’m thinking legal, not ethical. They typical ethics board review would not address an issue as broad as a physician’s global prescribing practice. In that case, most definitely the people you would want to talk with is pharmacists. If this is illegal in your state, then a pharmacist could be held legally liable as well as you. I’d be shocked to learn that in the case of non-controlled substances, there actually would be a law against self-prescribing. Basically, this would mean that pharmacists would be questioning a physician’s global prescribing practice. NOT the sort of thing pharmacist want to get involved in. As you are discussing specifically non-controlled substances, I just can’t imagine a prosecution of a doctor for writing themselves a script for 800 mg ibuprofen tablets. To be blunt, the very notion sounds downright silly. ---
**Author:** ![askeptic](https://avatars.discourse-cdn.com/v4/letter/a/eb9ed0/32.png) [@askeptic](https://boards.straightdope.com/u/askeptic)\ **Post date:** [April 20, 2004, 5:44am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/26 "2004-04-20T05:44:37Z")
ChoosyBeggar Most State Bar organizations have an Ethics Hotline availible for Attorney’s. If an attorney is concerned about or is unsure of the ethical ramafications af a particular activity he or she can obtain guidance by calling the HotLine. They will not offer specific answers or legal opinions but they will point out Cases and AG Opinions that have dealt with the same or similar issues. I would think Medical Liscencing Board in your jurisdiction would offer a similar service. If all else fails you may consider seeking advice from an attorney. My own uninformed opinion (not a legal opinion) is that as long as the perscriptions you write for yourself are not for substances that are addictive or ones that alter consciousness (ie get you “High”) or alleviate pain the consequences, if any, will probably not be severe. Be aware that there may be a statute that prohibits self RX, regardless of the substance involved and that there may be Rules promulgated by your liscencing board, the violation of which may jeapordize your ability to practice medicine. Good Luck, if you get a definitive answer I hope you will let us know. PS Hardly a day goes by that I don’t kick myself for not going to med school. ---
**Author:** ![irishgirl](https://avatars.discourse-cdn.com/v4/letter/i/8edcca/32.png) [@irishgirl](https://boards.straightdope.com/u/irishgirl)\ **Post date:** [April 20, 2004, 11:25am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/27 "2004-04-20T11:25:11Z")
Why would there ever be a need for you to write a script for the Ibuprofen yourself? As a doc in a hospital you have numerous colleagues who could all write it for you, no? Or can you see the problem with that approach too? ---
**Author:** ![Epimetheus](https://avatars.discourse-cdn.com/v4/letter/e/c4cdca/32.png) [@Epimetheus](https://boards.straightdope.com/u/Epimetheus)\ **Post date:** [April 20, 2004, 11:41am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/28 "2004-04-20T11:41:38Z")
I’m glad this thread is typed out on the internet. I have a feeling with as many MDs in here, I wouldn’t be able to read it if it was written out. 😉 ---
**Author:** ![Qadgop\_the\_Mercotan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/qadgop_the_mercotan/32/83_2.png) [@Qadgop\_the\_Mercotan](https://boards.straightdope.com/u/Qadgop_the_Mercotan)\ **Post date:** [April 20, 2004, 1:10pm UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/29 "2004-04-20T13:10:50Z")
Frankly, I find it even more inadvisable to just “ask a colleague” to write a prescription for me. I refuse to do it for others, unless I’m their physician. A collegial relationship is **not** a doctor-patient relationship. Legalistically, one may get one’s ass in a sling much more by prescribing for another without doing adequate history, exam, recordkeeping, etc. than by self-prescribing non-controlled meds. I’ve seen many cases go before our state Medical Board where physicians are reprimanded for this sort of behavior, even with non-narcotics. Besides, it’s just not good practice. ---
**Author:** ![rfgdxm](https://avatars.discourse-cdn.com/v4/letter/r/c0e974/32.png) [@rfgdxm](https://boards.straightdope.com/u/rfgdxm)\ **Post date:** [April 20, 2004, 1:26pm UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/30 "2004-04-20T13:26:41Z")
> [@askeptic](#): > > ChoosyBeggar > > Most State Bar organizations have an Ethics Hotline availible for Attorney’s. If an attorney is concerned about or is unsure of the ethical ramafications af a particular activity he or she can obtain guidance by calling the HotLine. They will not offer specific answers or legal opinions but they will point out Cases and AG Opinions that have dealt with the same or similar issues. > > I would think Medical Liscencing Board in your jurisdiction would offer a similar service. If all else fails you may consider seeking advice from an attorney. > > My own uninformed opinion (not a legal opinion) is that as long as the perscriptions you write for yourself are not for substances that are addictive or ones that alter consciousness (ie get you “High”) or alleviate pain the consequences, if any, will probably not be severe. Be aware that there may be a statute that prohibits self RX, regardless of the substance involved and that there may be Rules promulgated by your liscencing board, the violation of which may jeapordize your ability to practice medicine. > > Good Luck, if you get a definitive answer I hope you will let us know. > PS Hardly a day goes by that I don’t kick myself for not going to med school. First, the usual disalimer: IANAL. Why I suggested he contact pharmacists is because if there _is_ a law against such, there is a good chance pharmacists would know it. If a pharmacist could point this doctor to the specific law against all self-prescribing, then that would be a definitive answer. The medical licensing authorities would be another possible source. In particular, they would know about their own rules which might jeapordize his ability to practice medicine. As a pharmacist isn’t allowed to prescribe drugs, he may not know those rules of medical review boards. ---
**Author:** ![rfgdxm](https://avatars.discourse-cdn.com/v4/letter/r/c0e974/32.png) [@rfgdxm](https://boards.straightdope.com/u/rfgdxm)\ **Post date:** [April 20, 2004, 1:33pm UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/31 "2004-04-20T13:33:57Z")
> [@Qadgop the Mercotan](#): > > Frankly, I find it even more inadvisable to just “ask a colleague” to write a prescription for me. I refuse to do it for others, unless I’m their physician. A collegial relationship is **not** a doctor-patient relationship. > > Legalistically, one may get one’s ass in a sling much more by prescribing for another without doing adequate history, exam, recordkeeping, etc. than by self-prescribing non-controlled meds. I’ve seen many cases go before our state Medical Board where physicians are reprimanded for this sort of behavior, even with non-narcotics. > > Besides, it’s just not good practice. Yep. If another doctor prescribes, then they become legally liable. Under the worst case scenario where the doctor they prescribed to had a serious adverse reaction and died, they could even be sued for malpractice. If a doctor self-prescribes and dies, well…no jury will blame anyone other than that doctor. 😉 ---
**Author:** ![irishgirl](https://avatars.discourse-cdn.com/v4/letter/i/8edcca/32.png) [@irishgirl](https://boards.straightdope.com/u/irishgirl)\ **Post date:** [April 20, 2004, 4:26pm UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/32 "2004-04-20T16:26:34Z")
Kinda what I meant, IMHO it’s just as bad to prescribe for someone you have a collegial relationship with, as to prescribe for yourself, with whom you have a personal relationship. ---
**Author:** ![choosybeggar](https://avatars.discourse-cdn.com/v4/letter/c/8c91f0/32.png) [@choosybeggar](https://boards.straightdope.com/u/choosybeggar)\ **Post date:** [April 20, 2004, 5:04pm UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/33 "2004-04-20T17:04:08Z")
I called the Medical Board of California and they directed me to the following: > [@](#): > > _ **California Law Business and Professions Code section 2239** _ > The heading to this section stated that these are actions that will result in forfeiture of licensing > > (a) The use or prescribing for or administering to himself or > herself, of any controlled substance; or the use of any of the > dangerous drugs specified in Section 4022, or of alcoholic beverages, > to the extent, or in such a manner as to be dangerous or injurious > to the licensee, or to any other person or to the public, or to the > extent that such use impairs the ability of the licensee to practice > medicine safely or more than one misdemeanor or any felony involving > the use, consumption, or self-administration of any of the substances > referred to in this section, or any combination thereof, constitutes > unprofessional conduct. The record of the conviction is conclusive > evidence of such unprofessional conduct. > [@](#): > > _ **California Law Business and Professions Code section 4022** _ > “Dangerous drug” or “dangerous device” means any drug or > device unsafe for self-use in humans or animals, and includes the > following: > (a) Any drug that bears the legend: “Caution: federal law > prohibits dispensing without prescription,” “Rx only,” or words of > similar import. > (b) Any device that bears the statement: “Caution: federal law > restricts this device to sale by or on the order of a \_\_\_\_,” “Rx > only,” or words of similar import, the blank to be filled in with the > designation of the practitioner licensed to use or order use of the > device. > © Any other drug or device that by federal or state law can be > lawfully dispensed only on prescription or furnished pursuant to > Section 4006. Section 2239 clearly states that self-prescription of controlled substances is forbidden. Less clear (to me)is whether drugs specified in 4022 (all prescription drugs) are categorically forbidden as well (damn legal jargon :mad: ). I read it as self-prescription of these meds constitutes unprofessional conduct only: > [@](#): > > to the extent, or in such a manner as to be dangerous or injurious > to the licensee, or to any other person or to the public, or to the > extent that such use impairs the ability of the licensee to practice > medicine safely or more than one misdemeanor or any felony involving > the use, consumption, or self-administration of any of the substances > referred to in this section, or any combination thereof, IANAL, though. Is my interpretation accurate? ---
**Author:** ![askeptic](https://avatars.discourse-cdn.com/v4/letter/a/eb9ed0/32.png) [@askeptic](https://boards.straightdope.com/u/askeptic)\ **Post date:** [April 20, 2004, 5:46pm UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/34 "2004-04-20T17:46:18Z")
Cheesybeggar: [insert legal disclaimer here] I have not researched the issue, nor do I have any particular expertise in the area of medical practice. Nor will I attempt an in depth analysis of the statutes you cite (unless you want to discuss fee arrangements, I am in Northern California, I would be more inclined to recommend people more competant than myself in this area)However, even assuming your interpretation is correct (I am not sure it is), and such behavior constitutes “unprofessional conduct” I suggest you consider the heading you quoted “The heading to this section stated that these are actions that will result in forfeiture of licensing”. My understanding (not a legal opinion)(not based on detailed analysis or research)(most likely wrong) is that MD’s can’t self prescribe controlled substances, and if their self prescription of a non controlled substance impairs their ability to practice medicine or causes injury to themself or others they may loose their license to practice medicine. Furthermore, if they commit a felony or more than one misdemeanor involving the use or consumption of any controlled substance, or any drug requiring a RX (wheter self prescribed or not) or alcohol, and are convicted, the conviction will be sufficient proof of unprofessional conduct, and they could loose their license to practice medicine. Damn, this always happens! I tried to answer your question, but my response seems more confusing than the original statutory language you asked about. Normally, I write things then let them sit for week, then edit, the end result is usually much better. Especially after the ninth or tenth edit. Poor as this is I hope it helps a little, if only to provide an example of erroneous interpretation. ---
**Author:** ![Qadgop\_the\_Mercotan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/qadgop_the_mercotan/32/83_2.png) [@Qadgop\_the\_Mercotan](https://boards.straightdope.com/u/Qadgop_the_Mercotan)\ **Post date:** [April 20, 2004, 11:18pm UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/35 "2004-04-20T23:18:00Z")
My take on it is: “You can’t self-prescribe controlled substances, and if you do, we can take away your license. You can self-prescribe non-controlled substances, but if anything bad happens because you do, we can take away your license.” ---
**Author:** ![rfgdxm](https://avatars.discourse-cdn.com/v4/letter/r/c0e974/32.png) [@rfgdxm](https://boards.straightdope.com/u/rfgdxm)\ **Post date:** [April 21, 2004, 1:32am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/36 "2004-04-21T01:32:18Z")
> [@Qadgop the Mercotan](#): > > My take on it is: “You can’t self-prescribe controlled substances, and if you do, we can take away your license. You can self-prescribe non-controlled substances, but if anything bad happens because you do, we can take away your license.” I’m not sure about the part that absolutely forbids self-prescribing any controlled substance. However, I do know that any doctor who does self-prescribe any controlled substance basically is painting a bullseye on themselves for the DEA to aim at. Thus, California law on this really isn’t that relevant, in that only a fool of a doctor would want to risk the DEA coming after them. IOW, it is a Very Bad Idea for doctors to self-prescribe controlled substances even if state law allows it. ---
**Author:** ![Jojo](https://avatars.discourse-cdn.com/v4/letter/j/ecd19e/32.png) [@Jojo](https://boards.straightdope.com/u/Jojo)\ **Post date:** [April 21, 2004, 3:10am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/37 "2004-04-21T03:10:03Z")
choosy, I understand your question. If you want my advice - don’t ask doctors for legal advice. They are great for medicine but they don’t know shit about how to think legally (just my experience). My opinion (I’m legally qualified although not a practising lawyer at present): Yes your interpretation is correct. It’s unprofessional conduct to prescribe medicines to yourself that are prescription-only. You can be struck off for unprofessional conduct. Is it illegal? No because there is no actual law against it. Just internal codes of conduct. This is similar to legal codes of conduct. You can be barred from practising law for certain behaviour even though it’s not actually illegal. So the answer is: you won’t be sent to prison but you might lose your job. If you lose your job, however, it’s not all doom and gloom because you can go to other places (like Africa) where they are crying out for western trained doctors and aren’t too fussy about professional ethics. Do you have any further questions? ---
**Author:** ![Jojo](https://avatars.discourse-cdn.com/v4/letter/j/ecd19e/32.png) [@Jojo](https://boards.straightdope.com/u/Jojo)\ **Post date:** [April 21, 2004, 3:16am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/38 "2004-04-21T03:16:26Z")
oh sorry, forgot to mention that the above is just my opinion and could be wrong. I have no experience in this area (medical law). Also I think I’m gonna get cut off from this board in a few hours so if you do have any further questions, I probably won’t be able to answer them. oh well ---
**Author:** ![askeptic](https://avatars.discourse-cdn.com/v4/letter/a/eb9ed0/32.png) [@askeptic](https://boards.straightdope.com/u/askeptic)\ **Post date:** [April 21, 2004, 4:17am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/39 "2004-04-21T04:17:53Z")
Damn, just noticed I misspelled your name **CHOOSYBEGGAR**. I assure you it was an honest mistake. I hope you did not take offense because none was intended. If you like I will write it correctly a few hundred times as pennence. ☹🙂 I am sorry. Jojo: Why are you going to get cut off? ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [April 21, 2004, 5:39am UTC](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827/40 "2004-04-21T05:39:03Z")
In some cases messes like this can happen [Ocean Pines doctor’s medical license suspended](http://www.oceancity.md/readstory.cfm?PubID=2127) [Previous page](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827.md?page=1) [Next page](https://boards.straightdope.com/t/can-i-get-in-trouble-writing-prescriptions-for-myself/240827.md?page=3)