Your narcotic contract?

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Ligament

Interventional Pain Management
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Hi All,

In an effort to develop the "iron clad" opioid agreement, I thought it would be a good idea to post our versions on this thread for people to critique and improve upon. Currently I'm using a slightly modified version of algosdoc's agreement which is on his website. Anybody else care to post theirs?

Yes, I know that there is no such thing as "iron clad" when it comes to this stuff....but a guy can dream....

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The key elements to any agreement are:
1. Definition of what constitutes drug diversion and what constitutes substance abuse up front for patients to read and understand
2. Prescribing rules of the clinic (no night or weekend prescriptions, no call in prescriptions, etc) are well defined and enforced
3. The consequences of 1 and 2 are spelled out in the agreement
4. Drug monitoring (UDS and pill counts, etc) are an expected and mandatory part of receiving narcotics at your institution
5. Everyone in your office knows the complete agreement and enforcement is universal and consistent from everyone in the office without exception
6. The patient signs a copy of the agreement that is kept in the chart, and no narcotics will be prescribed unless there is a signature by the patient.
 
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I know we use the terms agreement and contract as synonyms, but Jennjifer Bolen has suggested that, if you call it a contract, you risk subjecting yourself to coract law, NOT malpractice law. Contact law typically has longer statues of limitations, but more improtantly, if your state has tort refrom caps in place, you may not be subject to them!
 
it actually doesn't matter what you call it - agreement, contract - whatever... as long as there is a document that reflects an understanding between 2 parties then it can fall under contract law.

the issue with narcotic contracts is that they haven't really been shown to improve outcomes -

the only REAL benefit is that the physician has an exit strategy from the relationship -

it doesn't really benefit the patient - because the appropriate patient would have followed the rules anyway - and the inappropriate patient will figure out loop holes and/or flunk out of the relationship

What i have changed with my contract/agreement/whatever is that the first page is an informed consent - it lists all potential issues that relate to chronic opioid management.... i am always surprised at the few patients who decide not to use opioids after reading the informed consent... ie: well i don't want to be on ANYTHING that constipates more than i already am ... etc..
 
it actually doesn't matter what you call it - agreement, contract - whatever... as long as there is a document that reflects an understanding between 2 parties then it can fall under contract law.

the issue with narcotic contracts is that they haven't really been shown to improve outcomes -

the only REAL benefit is that the physician has an exit strategy from the relationship -

it doesn't really benefit the patient - because the appropriate patient would have followed the rules anyway - and the inappropriate patient will figure out loop holes and/or flunk out of the relationship

What i have changed with my contract/agreement/whatever is that the first page is an informed consent - it lists all potential issues that relate to chronic opioid management.... i am always surprised at the few patients who decide not to use opioids after reading the informed consent... ie: well i don't want to be on ANYTHING that constipates more than i already am ... etc..
Actually, a contact is an agreement PLUS consideration - given that there is no financial inducement to sign, there is a difference

No one has ever tested this distinction, but given that Ms Bolen is better versed in the law than either of us, I chose to defer, and suggest others do the same, given that it doesn't matter what you call the darn thing from the pain practitioner's perspective.
 
well the consideration could be considered to be the narcotic
 
I posted mine over at the chronic pain forum at hastypastry.

http://brain.hastypastry.net/forums/forumdisplay.php?f=118&page=6&order=desc

jeeezuz christ...!!! I cannot believe the sig lines for some of those forum people:

Ex. #1
__________________
1979 spinal issues begin
1993 lumbar microdisectomy L3-4
1996 360 3 level lumbar fusion L2-5
1999 open thoractomy thoracic fusion T8-9
2002 C3-7 problems and T4-7 problems
2004 total disablity and a new life

Ex #2
__________________
MVA 11/17/05
6/22/06 - ACDF C5/6 & C6/7 - diskectomies, corepectomies, foraminotomies
DDD
L4/5 - small left protrusion
facet hypertrophy of mid & lower lumbar spine

oh god....
 
4/06 - Lumbar Fusion - L1, L2, L3, L4, L5, S1
Anterior with cages and Posterior with rods and screws.

8/17/05 - Cervical Fusion - C4-5, 5-6, 6-7 - Anterior and Posterior Fusion with plate in front and rods and screws in the rear - Corpectomy at C-4 and C-5 and microdisectomy at C6-7.

1/4/05 - Lumbar Laminectomy -L3, L4, L5, S1, S2 Obliteration of Tarlov Cyst at S2. Failed surgery!


:eek:
 
that is usually the first sign of a difficult patient interaction - when the first thing they say to you (in a semi-proud voice) "My pain is because of 3 disc bulges at L2, L3, L4"

that is why whenever i look at an MRI with a patient I always say: "this MRI looks pretty good" --- that usually stops them in their tracks.

i guess if i had chronic pain i would probably become a bit obsessed as well - who knows? but that website is a bit scary, but also teaches a lot from the patient's point of view...
 
I stopped participating in those forums years ago. I spent 1-2 hours/night giving advice but for many of them it's an "I don't get enough pills" pity-party. Ten years ago I even accepted some as patients. When they get proper care some of them stop participating in the forums. However, a lot of them had major psych issues - especially personality disorders and substance abuse issues - or were "chemical copers".

Note how these folks tend to identify themselves as pain patients. They wear their problems like a badge. It's their entire personal world view. Not "I am a person who has pain" but "I am a pain patient".

This fellow (below) wants me to refer him to someone who can fix his neck.
 

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Here's my CSA. I lost the formatting with the cut & paste. Note that I try to make as much of it as possible the patient's responsibility, e.g., pregnancy, driving, making sure meds aren't stolen.

The Center for Pain Relief Controlled Substances Agreement

Prescribing narcotics and other controlled substances requires very high vigilance and strict adherence to guidelines. Please read and sign the following Agreement. This is not a condition for treatment of your pain. However, if you do not sign it you will not receive prescriptions for controlled
substances from this practice.

I agree to participate in a pain management program with The Center for Pain Relief (hereafter “CPR”). I will be provided with controlled substances while actively participating in this program only if I adhere to the following rules:

1. Compliance. I will use controlled substances only as directed by the CPR medical staff and will refrain from using any illicit drugs while on these medications. I agree to submit to random blood and urine tests to detect compliance with this contract at any time should CPR medical staff request it.

2. No early refills. I understand that I may not increase my dose without prior approval by CPR. Approval will not be given after the fact. I understand that the safe-keeping of my medications is my sole responsibility and that I will not receive replacements for lost or stolen medications. I understand that if I take more than the prescribed amount of medication, or my medication is lost or stolen, I run the risk of having withdrawal symptoms because my medication will NOT be refilled early.

3. Change in pain. Any changes in my pain pattern that cause me to request an increase in pain medication must be addressed at an office visit for evaluation.

4. Refill requests. Refills will be done at 30 day intervals. I understand that prescription and medication refill requests are only accepted 9:00am - 5:00pm, Monday through Thursday and 9:00am – 3:00pm on Friday. NO MEDICATION OR REFILL REQUESTS WILL BE TAKEN DURING NIGHTS, WEEKENDS, OR HOLIDAYS. I also understand that it is my responsibility to anticipate the need for refills and make refill requests in a timely manner, allowing two (2) to four (4) business days, as outlined in the document “Medication Refill Procedures”. I will not make repeated calls to the office for prescriptions, nor will I subject the office staff to rude or abusive behavior if prescriptions are not filled as quickly as I would like.

5. Delivery costs. The Center for Pain Relief does NOT mail out prescriptions. I understand that only Dr. Gorback can reverse this policy and will do so rarely and under only the most extreme circumstances. If prescriptions are mailed to me, I agree to pay for postage, including the cost of certified mail and other special delivery conditions, such as overnight delivery. I also agree to pay an administrative fee for shipping and handling. I understand that this may not be covered by my insurance and that I am expected to pay for these services myself.

6. Diversion. I understand that it is illegal to share my prescription drugs or sell my prescription drugs to other people, and agree to take strict precautions to prevent unauthorized access to my medications.

7. Exclusive provider of narcotic substances. I will receive controlled substances only from the CPR medical staff. I agree to inform my other doctors that I am receiving these medications and request that they consult with CPR before prescribing any medications that might alter mood or consciousness.

8. Detoxification. I agree to participate in a detoxification program if prescribed by a CPR physician.

9. Side effects. I understand that controlled substances may cause a variety of side effects, including, but not limited to: nausea, vomiting, constipation, dry mouth, difficulty with urination, weight changes, suppressed immune system, altered hormone levels (thyroid, sexual hormones), itching, allergic reactions, fluid and blood chemistry imbalances, and altered sexual function. I understand that taken improperly, controlled substances may cause excess sedation, depressed breathing and even death, especially if combined with alcohol or other mood- or consciousness-altering substances. I understand that these medications may alter my ability to drive a car or other heavy machinery and I will comply with all state and federal laws regarding such activities while using these medications.

10. Tolerance, Dependence and Addiction. I understand that controlled substances may cause physical dependence and that sudden withdrawal may cause symptoms such as abdominal and muscle cramps, sweats, chills, nausea and vomiting. In rare cases it may cause death. I understand that these drugs must be withdrawn slowly. I understand that I may become tolerant to these drugs and require increasing doses for the same amount of pain relief. I understand that there is a small but real chance that I may become psychologically addicted to these medications.

11. Pregnancy. I understand that controlled substances may have adverse effects on the fetus, and that there is a strong likelihood that any baby born to a woman taking controlled substances will probably be physically dependent and could suffer withdrawal symptoms. FOR FEMALE PATIENTS: I agree to notify CPR if I become, or intend to become, pregnant. If I have not been sterilized or am not postmenopausal, I agree to take reasonable and prudent precautions to ensure that I will not become pregnant while taking these medications.

12. Relocation. I understand that Dr. Gorback treats patients who live in the Houston area only. Determination of the geographic coverage area is at the sole discretion of Dr. Gorback. If I relocate outside of the Houston Area, I agree to withdraw as a patient at CPR and locate another physician to take over my treatment within thirty (30) days of relocating. I understand that finding another physician is solely my responsibility.

13. Termination. Termination of narcotic drug therapy may be instituted for any violation of this agreement or at the clinical discretion of the CPR staff. I agree to obtain an alternate source of medical care and controlled substances within 30 days of notification of violation of this agreement or enroll in a detoxification program within this time frame. I will not hold any member of the CPR staff liable for any sequelae of discontinuance of controlled substances provided 30 days of notification of termination is provided. I will not seek controlled substances from the CPR staff if I decide to discontinue participation in the pain treatment program.

I have read and understand all of the above terms. I have had the opportunity to ask questions about these terms and all of my questions have been answered to my satisfaction. I agree to abide by the terms and provisions of this agreement and understand that failure to do so will lead to termination of treatment.


Printed Name ________________________________________________Date__________________
Patient’s Signature__________________________________________________________________
 
I also have this form for lost or stolen meds:

Request for Early Medication Refill for Lost or Stolen Medication

Dear patient:

We have a legal and ethical responsibility to minimize the potential for drug abuse and diversion relating to the use of controlled substances that we prescribe. We take this obligation seriously. For these reasons, our office policy is as follows:

If something happens to your medication or prescription (i.e., lost, stolen, need an early refill, you took more than prescribed and then ran out early, the pills fell in the toilet, the dog ate your medication, etc.), then you will have to fill out this form before any decision will be made whether to give you a prescription for more controlled substances. We will not consider your request until you complete this form and sign in the designated space. After you complete the form, return it to the receptionist.

Please bear in mind the following:

1. You have an obligation to accurately and honestly communicate with us about your medications.

2. It is illegal to obtain controlled substances (such as narcotics) under false pretenses. If we suspect drug diversion or abuse we are legally obligated to report it to the authorities and we will do so.

3. If you claim your medication was stolen, please provide a copy of the police report.

4. Your Controlled Substances Agreement includes a paragraph on early refill requests. The Controlled Substances Agreement includes the following statements:

a. “I understand that I may not increase my dose without prior approval”

b. “I understand that the safe-keeping of my medications is my sole responsibility and that I will not receive replacements for lost or stolen medications.”

c. “I understand that if I take more than the prescribed amount of medication, or my medication is lost or stolen, I run the risk of having withdrawal symptoms because my medication will NOT be refilled early.”

In your statement please include the reason why we should violate this policy.

PATIENT STATEMENT


Your Name: __________________ Today’s Date: _______________________

Please tell us all the facts, including dates and names of other individuals involved, if
applicable:












If your medication was stolen, who stole it?


Please explain why we should violate the Controlled Substances Agreement (“having pain” or “experiencing withdrawal” are not considered valid reasons):














Patient Signature: ______________________ Printed Name__________________________



Physician review: ______________________________________________________________


______________________________________________________________________________


______________________________________________________________________________________
 
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This is the Sample Agreement the AAPM posts to their web site
 
Mine is very similar to Gorback's. After having hundreds and more patients blow through their narc agreement over the years and do whatever they want with the pills, I have come to the conclusion that they do nothing other than let the patient know what the punitive consequences will be of not following common-sense rules. An average pain pt will obey it to the letter, a chemical coper will violate all the minor statutes over time and an addict/dealer will violate all the big ones.

We all know that for every rule we come up with, someone will find a loophole ("it says I can't get meds from other doctors, but it didn't say I couldn't get them from a PA!"), and they will argue and whine as much as you'll let them.

I stopped giving refills on stolen medication several years ago, when a guy called back the day after getting a refill for stolen meds, saying they'd been stolen again... The last pt I had who reported it stolen was a 24ish female with pars defects and listhesis L5-S1 who was "scared" of surgery. Her purse got stolen with the entire bottle in it 2-3 days after she received the script. Does anyone really run around with a whole bottle like that? After not getting a refill, she quickly started violating more and more rules over the next 2 months. I refused to refill her meds any more after she went to a dentist, requested vicoden, then lied about it.

A narc agreement does not prevent abuse, it just sets up expectations and lets people know what will happen if they break the rules.

BTW, I don't know about others, but I don't "fire" patients anymore, I just wean them off narcs for serious/repeated violations and offer to treat them through non-narc methods. Most never come back. It's far less likely I'll get accused of patient abandonement, and the referring doc and/or PCP won't feel like he's being forced to either Rx the narcs himself or to find another pain doc for the abuser.
 
BTW, I don't know about others, but I don't "fire" patients anymore, I just wean them off narcs for serious/repeated violations and offer to treat them through non-narc methods. Most never come back. It's far less likely I'll get accused of patient abandonement, and the referring doc and/or PCP won't feel like he's being forced to either Rx the narcs himself or to find another pain doc for the abuser.

Excellent point. Let the patient abandon you, not the other way around. My letters usually offer to continue treatment without narcotics and a requirement for detox. Very few takers.

OTOH, if it is doctor-shopping I think you can argue that someone else is already treating their pain so abandonment would be harder to assert. I have written some letters that simply said "Since you have 3 other doctors treating your pain, you are discharged from my practice effective immediately."
 
I have found that the less specific you are as to the reason for firing them in the letter, the less likely they are to argue the picky details of your rationale
 
I have found that the less specific you are as to the reason for firing them in the letter, the less likely they are to argue the picky details of your rationale

I agree - send the letter without much explanation, and when they call to argue, let the office manager handle it 1x, then refuse any further calls from the pt.

I once caught a guy and his brother (both 50-ish) going to several other docs. A month after discharge (when I used to do that), he sent me a letter asking me to take him back, telling me the reason he went to all those other docs was that his sisters (plural) could not get the pain pills they needed from their doctors so he was "forced" to go to multiple doctors to get pills for all of them! :laugh::laugh::laugh:
 
when i used to prescribe opioids I also never fired anybody - just a few long office visits where they tried to bargain/negotiate with me and then they just wouldn't come back....

however, since I stopped prescribing opioids I can honestly say that was the BEST decision of my life.... no more bullcrap
 
when i used to prescribe opioids I also never fired anybody - just a few long office visits where they tried to bargain/negotiate with me and then they just wouldn't come back....

however, since I stopped prescribing opioids I can honestly say that was the BEST decision of my life.... no more bullcrap

What's a needle jockey like you doing on a chronic pain patient website: I think you have an underlying desire to help patients but something is holding you back.....

Background: Tenesma posted insightful and nurturing comments to pain patients on the braintalk forums- they are all about the meds over there.
 
lobelsteve - you may think i am a needle jockey but I am averaging about 5 pharmacological consultations a day (so unlikely to ever be injection candidates) and I see about 8-10 follow-ups a day regarding pharmacological management/fine-tuning... So i am still involved in their care, I just don't write scripts. patients are fine with that, the PCPS feel like they have more control and are fine with that (and it is also easy money E&Ms for them), and my staff is no longer being abused...

patients know ahead of time that I will assess them whether opioids are appropriate or not, and that I make recommendations to their PCPs...

I am truly interested in chronic pain - i just have the luxury of having been able to extricate myself from the relationship of providing narcotics.

I enjoy hasty/pastry because it gives me insight into these peoples lives - especially because on that forum they discuss things that i don't often hear from the patient's lips... plus I learn a few things along the way
 
lobelsteve - you may think i am a needle jockey but I am averaging about 5 pharmacological consultations a day (so unlikely to ever be injection candidates) and I see about 8-10 follow-ups a day regarding pharmacological management/fine-tuning... So i am still involved in their care, I just don't write scripts. patients are fine with that, the PCPS feel like they have more control and are fine with that (and it is also easy money E&Ms for them), and my staff is no longer being abused...

patients know ahead of time that I will assess them whether opioids are appropriate or not, and that I make recommendations to their PCPs...

I am truly interested in chronic pain - i just have the luxury of having been able to extricate myself from the relationship of providing narcotics.

I enjoy hasty/pastry because it gives me insight into these peoples lives - especially because on that forum they discuss things that i don't often hear from the patient's lips... plus I learn a few things along the way


Just f'in with you. I may be heading down the same path, but I am unsure if I want to give the control over the Rx's to the PCP's because I am better trained to handle the situations than they are. I'm working it from the inside out as I am joining a 15 doctor IM/FP with specialty docs practice. It started as a 1 doc office 25 years ago- now it's 44000+ sq.ft and has in house MRI, cardiac nuclear rooms, PT, GI ASC, and is adding pain services:D.
 
well that is how the patients end up coming back every 3-9 months for re-eval of their meds - if they are doing fine and no issues for PCPs then i don't see them. If there are issues of chemical coping, diversion, over-use, mis-use, question of new/different pains, then they come back to be re-evaluated...

i think it is patently erroneous for us to assume that 5,000 pain doctors need to be actively managing all opioid RXs for the PCPs around the country -

not having to write opioids is almost as pleasurable as not having to deal with baclofen pumps...
 
I think we can safely agree that most docs - pain and PCP alike - dislike Rx'ing narcs, especially chronically. I mean c'mon - what other field makes patients sign an "agreement" putting down every rule, attempting to close every loophole before they will write for a particular class of drugs. We don't do it for NSAIDs and anticonvulsants. I've never heard of PCPs doing it for statins and PPIs. I have heard of psychs doing it for benzos.

Some patients are insulted by the narc agreement - rightfully so. It can be seen as insulting someone's intelligence or inferring from the start that they're a junkie - I've had many a patient tell me that. I don't believe that those patients are the ones neccesarily to worry about. But one can never predict, so we CYA as much as possible, such as with a narc agreement.

Rx'ing narcs adds to your risk - malpractice, DEA, local and state athorities, state boards, etc - while not significantly adding to your reward, unless temporary pain relief is your goal (such as with acute pain). I think if anything, it takes more time, adds more frustration and lowers the $/time. I think that's why were still seeing the pendulum swinging and/or so much division among pain professionals with regards to narcs.

I have my own P.I.T.A. scale:

5) Patients on chronic opioid therapy
4) Anxious patients
3) Personality disorders
2) 4 + 5
1) 3 + 4 + 5

I'll take #3 - 5 alone, but get them all together and :eek:. (The problem with personality DOs is you often don't figure it out until you've already started opioid therapy.)
 
I have my own P.I.T.A. scale:

5) Patients on chronic opioid therapy
4) Anxious patients
3) Personality disorders
2) 4 + 5
1) 3 + 4 + 5

I'll take #3 - 5 alone, but get them all together and :eek:. (The problem with personality DOs is you often don't figure it out until you've already started opioid therapy.)

You are halfway to validating another opioid risk tool! Maybe add in disheveled appearance, intrusive family members, TPV (tissues per visit) and we could set up the SDN ORT (SNort for short). Points system for opioid risk.
Still, once on opioids does not mean always on opioids. I taper for 3 reasons: they no longer hurt, they no longer work, they no longer can manage the medication at an acceptable level of risk per my determination.

Note: I changed "they" from medication to the patient in the above.
 
i think there is also the T:T ratio that should be incorporated (number of teeth divided by number of tatoos)...
 
The personality disorders, especially the borderlines, are the ones that cause the most trouble. They tend to be very stormy in their interpersonal relationships and they have no tolerance for frustration so they will fuss about having to wait for an appointment or if you are running late. IMHO they are the most likely to be chemical copers. In addition,they are impulsive and tend toward binge use of mood-altering drugs so they are an OD risk.

They never get better and they drain the office staff. That's why I have the "rude behavior" clause in my CSA. The sooner you weed these people out of your practice the better because they will make you and your staff miserable. Treatment for BPD is not very effective and you will just bang your head against the wall trying to help them.

The sociopaths are the truly great liars that can con even the most experienced doctors out of a prescription.
 
i think an early tip off is when the patient tells you after only knowing you for 10 minutes that you are 1) the "best" 2) that you are the "only" doctor that listens and understands, etc...

i have been soooo fooled about 3 months ago:

50 year old guy comes in a wheel chair - completely disabled looking - very regular guy otherwise - referred by local PCP for advice re: narcotics (? should narcotics be escalated). He has a horrible back - refused surgery in the past because he was worried surgery would make it worse - has tried PT, injections, chiro, acupuncture, reiki, NSAIDS, muscle relaxers, different narcotics and oxycontin at 20mg TID allows him to function and maintain a job (he sits behind a desk). He uses the wheelchair because standing/walking is so painful.... He has an old MRI that looks horrible - i want a new MRI -

i get a call that some guy showed up for his MRI - but it wasn't the patient


long-story made short:
it turns out this guy has no back problem - doesn't work - doesn't need wheelchair - he sells oxycontin and pays a guy his age with a horrible back to go for diagnostic testing!!!!
 
i think an early tip off is when the patient tells you after only knowing you for 10 minutes that you are 1) the "best" 2) that you are the "only" doctor that listens and understands, etc...

i have been soooo fooled about 3 months ago:

50 year old guy comes in a wheel chair - completely disabled looking - very regular guy otherwise - referred by local PCP for advice re: narcotics (? should narcotics be escalated). He has a horrible back - refused surgery in the past because he was worried surgery would make it worse - has tried PT, injections, chiro, acupuncture, reiki, NSAIDS, muscle relaxers, different narcotics and oxycontin at 20mg TID allows him to function and maintain a job (he sits behind a desk). He uses the wheelchair because standing/walking is so painful.... He has an old MRI that looks horrible - i want a new MRI -

i get a call that some guy showed up for his MRI - but it wasn't the patient


long-story made short:
it turns out this guy has no back problem - doesn't work - doesn't need wheelchair - he sells oxycontin and pays a guy his age with a horrible back to go for diagnostic testing!!!!

I would attempt to publish that as a case report.
 
i think an early tip off is when the patient tells you after only knowing you for 10 minutes that you are 1) the "best" 2) that you are the "only" doctor that listens and understands, etc...

i have been soooo fooled about 3 months ago:

50 year old guy comes in a wheel chair - completely disabled looking - very regular guy otherwise - referred by local PCP for advice re: narcotics (? should narcotics be escalated). He has a horrible back - refused surgery in the past because he was worried surgery would make it worse - has tried PT, injections, chiro, acupuncture, reiki, NSAIDS, muscle relaxers, different narcotics and oxycontin at 20mg TID allows him to function and maintain a job (he sits behind a desk). He uses the wheelchair because standing/walking is so painful.... He has an old MRI that looks horrible - i want a new MRI -

i get a call that some guy showed up for his MRI - but it wasn't the patient


long-story made short:
it turns out this guy has no back problem - doesn't work - doesn't need wheelchair - he sells oxycontin and pays a guy his age with a horrible back to go for diagnostic testing!!!!

How does he fool the physical exam? What a tool this guy is.
 
it isn't difficult to fool the exam when it is purely axial... and he has an "MRI from hell" that makes you want to cry...
 
Some of these people are real pros. They go from office to office and polish their acts like nightclub performers. If something works it gets incorporated into the routine. If they get nailed out it goes. They spend hours every day thinking about scams and running scams. They exchange tips with each other. The really good ones are the ones you don't catch.

Go to alt.drugs.hard on usenet and read the exchanges, ranging from how to extract drugs from extended-release preparations to how to scam doctors.
 
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