RUSH TELLS FLA. BARRACUDAS TO QUIT 'FISHING EXPEDITION'

New York Post ^ | 12/05/03 | JOHN MAINELLI

[kattracks]

December 5, 2003 -- Rush Limbaugh says Florida investigators have seized his medical records as part of what he called a "fishing expedition" because of his "prominence and well-known political opinions." "[I am] being subjected to an invasion of privacy no citizen of this republic should endure," Limbaugh told listeners yesterday, reading from a statement by his attorney, Roy Black.

[tbpiper]

From the county that gave us the 'butterfly ballot' of 2000:

Barry Krischer was born in Brooklyn, New York, and moved to Palm Beach County in 1973. He was a former Assistant District Attorney in Kings County, New York and joined the State Attorney’s Office upon his relocation to Florida. After a stint in private practice, he successfully ran for State Attorney in 1992 and again in 1996. He ran unopposed in the 2000 elections. Mr. Krischer attended Brooklyn College University of New York, and received his Law degree from Brooklyn Law School.

Mr. Krischer is an instructor at the Palm Beach Community College Police Academy. He has received the pro bono award presented by the Legal Aid Society of Palm Beach County for service to the juvenile justice system for his work with the Child Protection Team. He is a member of the New York Bar, Colorado Bar, Palm Beach County Bar Association, and the Florida Bar, Criminal Law Section...

[backhoe]

http://www.freerepublic.com/focus/f-news/1034374/posts
Florida State Attorney Persecuting Rush Limbaugh is Democrat--Liberal Media Not Telling.
JosephCamhi

[Always Right]

Apparently what they are fishing for in this investigation is a new crime called Doctor Shopping, where you go to multiple doctors for the same drug during a 30 day period and you deceive the doctors. This is what the prosecution was trying to find out by getting his medical records.

[Savage Beast]

Fitting symbolism: Islamic sharks and "Liberal" baraccudas.

[Fledermaus]

You don't have to "deceive" any doctors. They don't share information. Much of that is illegal.

Any of us could go out tomorrow and visit a bunch of doctors and get prescriptions for something. Then you go get them from the Wal-Marts, the 500 Walgreens in your neighborhood, CVS, Eckerds, etc.

Especially if you pay for your own drugs!

I'm surprised he didn't just fly to Canada and get those quacks to give him anything he wanted! The Dems keep telling us our seniors are busing themselves to Canada daily to get cheaper drugs. Someone must be writing those prescriptions! he he

But this Rush stuff is more fun because it proves more points about the left and the left wing media. They'll give Michael Jackson, Scott Peterson, OJ, Kobe Bryant, etc. the benefit of the doubt but hang Rush without any evidence just because he's "conservative".

Folks, it's time we conservatives dump the GOP or purge it of all liberals and take back OUR RIGHTS! We are probably the most persecuted group in American today.

I don't know about the rest of you, but I'm willing to shoot my way out of the problem. Release a convicted sex offender in my neighborhood and his life expectancy will be short.

[Always Right]

You don't have to "deceive" any doctors. They don't share information. Much of that is illegal.

According to Florida Law you do, if they want to convict Rush, which is a third degree felony.

[Fledermaus]

Florida law requires doctors to share information? I thought Clinton signed a law banning that stuff as a stunt to again move the issue away from the fact his pants were around his ankles.

[Always Right]

Here is the code"

8. To withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days.

[Fledermaus]

Why can't lawyers just speak English?

I got lost as to who the practioner and the person was! lol

[Always Right]

So to convict Rush that would have to show Rush obtained a similar drug from differnt doctors within a 30 day period and did not tell the new doctor about the other presciption, and that is considered a third degree felony. Better tell grandma about this law though, it seems it could easily be broken by many people without even knowing it.

[Revelation 911]

Folks, it's time we conservatives dump the GOP or purge it of all liberals and take back OUR RIGHTS!

talk like that will get you banned here.....................but I agree anyway

[Jim Noble]

I'm from Brooklyn, too.

You talkin' to me?

[Always Right]

One more thing, the law just came into existance in July of 2002, so they would have to find Rush violated this in the last year or so.

[trustandobey]

You go FLORIDA, go after Rush for using pain killers for pain, while Michael Schiavo lives in open adultery, violating guardianship rules, trying his best to commit murder, and that is overlooked for his right to do what is best for Terri...what about what is best for Rush? By the way, it is 20 million listeners, of which I am proudly one!

[backhoe]

Folks, it's time we conservatives dump the GOP or purge it of all liberals and take back OUR RIGHTS! talk like that will get you banned here.....................but I agree anyway

Agreed.

[BlackbirdSST]

I don't know about the rest of you, but I'm willing to shoot my way out of the problem. Release a convicted sex offender in my neighborhood and his life expectancy will be short.

I can come up with a thousand reason's to back you up with this proposition, but Rush's Drug problem isn't one of them. The sooner the chicken's come home to roost in this silly drug war, the better. The sooner the Champion's of this war on the American People become the target, the better. The sooner my Congress weasel get's in line ahead of me to pee in a bottle to prove he's worthy of a job, the better. Let me know when you're ready to address the behemoth out of control treasonous thug's that really profit from this assault on our Constitution, I stand ready. Blackbird.

[Maelstrom]

I think it only really ever applied to Clinton.

[DaGman]

"Better tell grandma about this law though, it seems it could easily be broken by many people without even knowing it."

The part of the law quoted is only a small snippet of the law. Many states now also keep a database of prescriptions for specific controlled substances for use in finding and tracking irregularities. For example, in Texas, certain drugs such as Adderol or Oxycontin are written only on specific prescription forms. The form can only be picked up at the doctor's office and the prescription can only be filled once every 30 days, usually based on the dosage and at the number of pills to make up that dosage.

And, up until this year, in Texas, the form used to be in triplicate with one copy going to the state of Texas. (I don't know how the state of Texas is now notified without the triplicate form, but I'm assured that it is.)

Of course, this is done in Texas and Rush is in FL. But when it comes to controlled substances such as the amphetimine based Adderol or opiate based Oxycontin, I would be surprised if FL didn't have some kind of similar system for tracking prescriptions of controlled substances.

So "grandma" may not tell the next doctor about what she told the last doctor. But I'm willing to bet the state of FL will know.

My guess is that information from this database was the basis of the seizures to begin with. The state's attorney is probably trying to find out what was not reported to the state of FL. The reports of the hundreds of thousands of Oxycontin pills Rush was said to consume probably formed the basis of probable cause as there is likely no where near that much reported to FL.

BTW, I'd be real surprised to find a grandma going outside of her HMO's PPO to buy outrageously priced prescription drugs as many times as she wants just to have the drugs. She'd be better off going to Canada or Mexico and buying mass quantities.

[Always Right]

What I quoted was the entire applicable law. The search warrents specifically identified 'doctor shopping' and that is the applicable section of law that applies here. They were investigating Rush, not the doctors, and I am pretty certain Florida does not keep a data base yet of all presccriptions and there most definitely is a law that requires the patient to report their previous prescriptions in the last 30 days to their doctor. I am sure there are a lot of felons out there that don't even know it.