Viagra prescription label found with Rush Limbaugh is focus of inquiries

As police and prosecutors investigate whether any laws were broken when Rush Limbaugh was found with Viagra in someone else's name, three people associated with the medical profession say that writing third-party prescriptions leaves doctors open to disciplinary action.

Florida civil rules governing doctors and pharmacists require that the true patient's name and address are on the label, according to two attorneys and a Florida Medical Association spokeswoman.

Doing otherwise "is technically a violation of dispensing and prescribing by the doctor," said Allen R. Grossman, a Tallahassee attorney who defends physicians in disciplinary cases.

Grossman formerly was general counsel to the Florida Board of Medicine, which licenses and oversees doctors."Whether in normal circumstance anyone would care or not, maybe not. But the spotlight is on.

In theory at least, that physician would be in trouble" with the medical board, Grossman said.Limbaugh was detained for more than three hours Monday at Palm Beach International Airport after a Customs officer checking bags found a vial of 29 blue pills in his luggage.

Limbaugh's attorney, Roy Black, has said two doctors prescribed the Viagra for Limbaugh under their names to protect his privacy.


The conservative radio show host, 55, who was returning from vacation in the Dominican Republic, was not arrested and authorities have not disclosed the doctors' names. Customs officers confiscated the Viagra, which is taken for erectile dysfunction.Federal agents referred the case to the Palm Beach County Sheriff's Office for further investigation. Among other issues, prosecutors are looking into whether Limbaugh, of Palm Beach, violated an agreement he struck two months ago to avoid prosecution for illegally obtaining prescription painkillers. Detectives expect to report to county prosecutors today.

Prosecutors in late April charged Limbaugh with the crime of "doctor shopping" -- deceiving two or more doctors to write simultaneous scripts for pain pills -- but agreed to drop the charge after 18 months if Limbaugh completed substance-abuse treatment. He also is required to submit to random drug testing and cannot break the law.In the Viagra case, Limbaugh could be prosecuted on a misdemeanor charge of doctor-shopping if his doctors confirmed the Viagra was not meant for him.

A spokesman for the Palm Beach County State Attorney's Office declined to comment, other than to say there is an ongoing criminal investigation. The Sheriff's Office also declined to comment beyond earlier statements describing the reason Limbaugh was detained.Limbaugh joked about the search on his radio show Tuesday, saying Customs officials didn't believe him when he said he got the pills from the library of former President Bill Clinton, and that he was told the tablets were blue M&Ms. He later added, chuckling: "I had a great time in the Dominican Republic. Wish I could tell you about it.

"Asked about Limbaugh's doctors, county state attorney spokesman Michael Edmondson said criminal law allows physicians to write a prescription in a name other than the patient's as long as everyone involved is aware, and the doctor documents it as being for the use of the patient.

A spokeswoman for the state's various medical professional boards declined to comment on whether the actions by Limbaugh's doctors or pharmacist violated Florida's separate civil rules for medical professionals. The medical boards can impose disciplinary actions ranging from warning letters to fines to revoking licenses."The department is aware of it and we'll have more information on that later," board spokeswoman Thometta Cozart said. However, the three professionals said state civil rules forbid doctors from prescribing drugs without a name or under a third person's name, as a way to prevent people from passing medicine to others."That would be considered a fraudulent prescription," said Lisette Gonzalez Mariner, a spokeswoman for the Florida Medical Association, the trade group for doctors. "You cannot do that. It's not commonly done and that's illegal.

"Likewise, pharmacists cannot dispense drugs to someone other than the name on the prescription label or their representative, said attorney Edwin Bayo, a former general counsel of the Florida Board of Pharmacy licensing board.Doctors can sell medicine directly from their offices if they have a special license, but they must follow the same rule about labels, Bayo said.Also, physicians who give patients free samples of medicine are supposed to put the patient's name on the label, Bayo said, but "99.9 percent of doctors in Florida do not do that."The three professionals said they never had heard of a doctor or pharmacist disciplined for issuing medicine under a false name, and went on to say Limbaugh's doctors could have shielded his name through legal means -- such as speaking only to the pharmacist or covering the label with a blank piece of paper."You don't have to bring your Viagra bottle when you leave town," Grossman said.


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Rush Limbaugh Detained Over Viagra Bottle

Rush Limbaugh could be charged with a misdemeanor after U.S. Customs and Border Protection officials held him for more than three hours at Florida's Palm Beach International Airport on Monday, authorities tell the Associated Press. A prescription bottle in the conservative radio host's luggage that contained Viagra did not have Limbaugh's name on it, according to Paul Miller, spokesperson for the Palm Beach County Sheriff's Office. A physician had prescribed the drug, which treats erectile dysfunction, but the bottle was "labeled as being issued to the physician rather than Mr. Limbaugh for privacy purposes," Roy Black, Limbaugh's attorney, said in a statement.

The customs officers examined the 55-year-old's bags after his private plane landed at the airport from the Dominican Republic, said Miller. The matter was referred to the sheriff's office. According to Miller, Limbaugh said that the Viagra was for his use, and that he obtained it from his doctors. Investigators confiscated the drugs, and Limbaugh was released without being charged. The sheriff's office plans to file a report with the state attorney's office. Miller said it could be a second-degree misdemeanor violation. Limbaugh reached a deal last month with prosecutors who had accused the talk-show host of illegally deceiving multiple doctors to receive overlapping painkiller prescriptions. Under the deal, the charge, commonly referred to as "doctor shopping," would be dismissed after 18 months if he continues to submit to random drug tests and treatment for his acknowledged addiction to painkillers.

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