It could be. I doubt if the left vs. right leg would fly, but if you obtained drugs for your back and drugs for your legs, you could get away with it. It depends on the courts interpret the law. But going to an ear specialists and also to your general practioner for your back, I think Rush has a solid defense against this law.
I wonder if I would be guilty of "Dr shopping."
I was having some problems with my right foot... Pain and swelling. An orthopedist that I had seen had examined me, and not really given me a diagnosis, but he said if the pain and swelling didn't go away in a week, to come back, and he'd run some more tests, and give me a "better" exam. He told me to take some darvocet for the pain. I already had a RX for it, but he gave me a refil. 4 days later, the pain increased, and I could no longer wear a shoe. I should probably include the fact that I've got permanant nerve damage in my right leg, and I can stub my toe really hard and barely notice. I have practicly NO feeling at all in my right foot (due to a back injury). The Dr was aware of this. My aunt insisted that I go to the emergency room, and they saw my foot and gave me an X-Ray. 20 minutes later, the er doctor came in and asked me when I had rebroken the bones in my foot! HUH?!?!?!?! It turns out that I had broken all 5 metatrarsal bones in my foot, 4 of which had been previously broken and healed over. He was amazed that I was able to walk, until I told him about the nerve damage. He perscribed hydrocodone for the pain, and one of those "flat shoes" and crutches, and off the record, suggested I find another orthopedist.
I did find a podiatrist for my foot, and did get another orthopedist, since this one had also missed my back problems in the first place, and once it had been diagnosed by my GP and a neurosurgeon, HE wanted to operate on my back! Yeah, right!!! I went to the neurosurgeon.
One other thing... When I went to the orthopedist to confront him about my foot, I took the X-Rays from the ER with me... I told them that I'd be finding another Dr. When the Dr looked at my X-Rays, he said, "Yes, you've got some broken bones in your foot." Well, a few weeks later, I got a letter from my insurance company saying that they had payed him some $300 or so for a "diagnosis!" I called the insurance company to tell them that he didn't diagnose anything, that they had mis-diagnosed me in the first place, and that due to his NOT taking an X-Ray, it cost me (and them) a trip to the ER! I insisted that they NOT pay him for this "diagnosis," as I didn't do it as an office visit. I just ran into the office to show him the X-Ray and tell him that I wouldn't be back. They responded that when I showed him the X-Ray, and he looked at it, rendering an opinion, that it was a diagnosis, and that they had to pay him. I called it insurance fraud...
But back on the topic, I wonder if I would be guilty of violating this law, by going to 3 different Drs over a period of about 2 weeks, and getting controlled substance RXs from these different Drs
Mark