Just to clarify the Florida statute:
FSS 893.13(7a7) DOCTOR SHOPPING - It is unlawful to withhold information from a practitioner from whom the person seeks to obtain a controlled substance or prescription for a controlled substance that the person has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the last 30 days (1st Deg. Misd, 2nd offense - 3rd Deg. Fel).
I can't see where there is a 'compelling interest' for the state to prosecute a 1st degeree misdemenor.
Here's some doctor shopping experience from Nevada:
Doctor shopping involves a patient who either lies about pain, anxiety, or some other condition to a physician in order to obtain medication, or takes the same problem to multiple physicians to obtain and fill multiple Rxs. When Nevada began its PDMP in 1997, the typical doctor shopper was seeing 22 different prescribers, visiting 16 different pharmacies to fill 159 scripts, and receiving 9,351 doses of controlled substances yearly.
I believe Rush has seen a grand total of.....um.....let me count (sounds of adding machine)...oh yes, here it is!.... 4 doctors.
I believe that two of those 4 treated him for his hearing loss.
Petitioning medical records is overkill. The state need only interview the doctors involved and ask if they would report the individual for criminal shopping. As I understand it, Florida law has a second layer of record privacy, which can't be evaded through a mere warrant. A lawyer is not in a position to determine (convincingly) that someone is doctor shopping; only a doctor could do that.