Attorney Christi Hardin Smith at FireDogLake explains what it means that Rush Limbaugh was found to have a prescription for Viagra that was made out in his doctor's name rather than his own.
Rush's attorney, Roy Black, was able to get him a sweetheart deal on charges of doctor-shopping. Limbaugh had obtained overlapping prescriptions from three different doctors. The doctors were not told of the prescriptions issued by the others. Just before the case was taken to a Grand Jury, Rush's lawyer negotiated a deal that involved going into a month-long drug treatment program and 18 months of supervision. Limbaugh has to undergo random drug testing and pay $30,000 to defray the costs of the investigation of his doctor-shopping case. During the 18 months Limbaugh cannot own a gun, drink too much and must remain employed. Rush must also "refrain from any violation of the law."
If he completes the 18 month period without problems, the felony charge will be removed from his record. This deferred adjudication provision is the "sweetheart" part of the deal.
Unfortunately, getting your drug prescriptions in someone else's name is not legal, either for the patient or for the doctor who wrote the prescription. Still, Viagra is not a pain-killer, so it is not clear that the States Attorney will void the deal over this violation.
Looks like Rush's attorney, Roy Black, has some more work to do. Jeralyn Merrit at TalkLeft predicts that Rush will skate on this one.
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