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  1. #1
    Join Date
    Jan 2011
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    Default Can My Probation Officer Stop Me from Going to My Pain Management Doctor

    :My question involves criminal law for the state of: Tennessee

    Hello, I have question involving my state po.... My po is telling me I have to stop going to my pain management doctor or he will file a petition in court against me!! Mydoctor prescribes me Lortab 7.5 for SI joint syndrome which I also recieve SSI disability for... I was wondering can he really stop me from going? I am on State probation for Tenn Care Fraud "doctor shopping" because I went to a few different doctors in a 30 day period back in 2009... I pled guilty and was placed on 3 yrs paper and I did a total of 210 days in county jail for the crime... I am no longer the person I was before I take all meds how they are prescribed and I only go to ONE doctor for my physical pain... Now my PO is telling me I must stop going at once and no longer take the Lortab I am prescribed he says I must find a family physician and take Ultram for my pain he says everyone has pain!!! I did a A&D Assesment and they found NO signs of me being a drug addict!!!! Can he violate me if I continue to go to my pain management doctor? What are my rights as a person on probation? Please help me with this... Thanks so Much

  2. #2
    Join Date
    Aug 2007
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    3,837

    Default Re: Can My Probation Officer Stop Me from Going to My Pain Management Doctor

    The clown can't tell you what kind of medicine to take.

    He can only enforce the terms of your probation agreement. It surely does not say you have to get his or court approval to have a doctor attend to you?

    IF you need CLARIFICATION, file a paper/Motion with the Court asking what are your rights and what you have been told not to do.

  3. #3
    Join Date
    Apr 2009
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    Default Re: Can My Probation Officer Stop Me from Going to My Pain Management Doctor

    I would frankly be horrified if a PO was allowed to dictate medical treatment!

    Granted, Ultram IS a possible treatment for SI joint pain but it's certainly NOT up to the PO to decide what is or isn't appropriate.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  4. #4
    Join Date
    Jan 2011
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    2

    Default Re: Can My Probation Officer Stop Me from Going to My Pain Management Doctor

    Thanks alot that's what I was thinking!!! Makes me feel alot better knowing I'm not just out of my mind Lol Okay how do I go about a paper/motion??? And also how would I go about changing my PO??? He was also my brothers PO and he violated my brother bc of a new charge he didn't care to much for my brother soooo I feel like there is a conflict of interest he is a total jerk off to me excuse my french but that's just how I feel!!!! I just feel like he has it out for me...!!! Thanks Alot

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
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    2,350

    Default Re: Can My Probation Officer Stop Me from Going to My Pain Management Doctor

    The PO is NOT a doctor. He can't make medical decisions for you. Ultimately you may have to get in front of a judge to put a stop to that.

    You should check into what administrative options you have to change the po.

  6. #6
    Join Date
    Aug 2007
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    3,837

    Default Re: Can My Probation Officer Stop Me from Going to My Pain Management Doctor

    Quote Quoting Nicole28
    View Post
    Thanks alot that's what I was thinking!!! Makes me feel alot better knowing I'm not just out of my mind Lol Okay how do I go about a paper/motion???
    I am not a lawyer, therefore I can't instruct you how to draft a Motion. I know how, but that legal direction needs to be done by an attorney.

    Write a letter to your PO at his office and make your complaint known and what his Authorization is legally to do what he is doing?



    And also how would I go about changing my PO???
    That most probably would need Court Approval, which again, would take a Motion.

    Or, request another in your letter and see what his response is.

  7. #7
    Join Date
    Sep 2005
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    74,059

    Default Re: Can My Probation Officer Stop Me from Going to My Pain Management Doctor

    Quote Quoting Nicole28
    View Post
    My po is telling me I have to stop going to my pain management doctor or he will file a petition in court against me!! Mydoctor prescribes me Lortab 7.5 for SI joint syndrome which I also recieve SSI disability for... I was wondering can he really stop me from going?
    There is a difference between "My P.O. wants me to change doctors" and "My P.O. doesn't want me to take Lortab." Which is it?
    Quote Quoting Nicole28
    I am on State probation for Tenn Care Fraud "doctor shopping" because I went to a few different doctors in a 30 day period back in 2009... I pled guilty and was placed on 3 yrs paper and I did a total of 210 days in county jail for the crime... I am no longer the person I was before I take all meds how they are prescribed and I only go to ONE doctor for my physical pain... Now my PO is telling me I must stop going at once and no longer take the Lortab I am prescribed he says I must find a family physician and take Ultram for my pain he says everyone has pain!!!
    If I may attempt to read between the lines, you were addicted to opiate medication and engaged in doctor shopping, ended up on probation with drug testing, and are testing positive every time your probation officer tests you due to the Lortab prescription. Your P.O. wants you to switch to Ultram, presumably because it won't show up on your drug tests and he will thus know if you're maintaining your sobriety apart from your prescription medications. Does that about sum it up?

    Your probation officer shouldn't be indicating what medication you should take. If he agrees that your medical condition is real and justifies taking Ultram, it's difficult to see a medical perspective (as opposed to "it's messing up your drops") as to why one would be better than the other.
    Quote Quoting Nicole28
    Can he violate me if I continue to go to my pain management doctor? What are my rights as a person on probation? Please help me with this... Thanks so Much
    He can report to the court that you are continuing to use opioid medication and that you are as a result testing positive on all of your drug tests, and he can report that he believes that you are using your pain condition as an excuse to continue to get medication from doctors to feed an addiction as opposed to a medical condition. If that results in probation violation proceedings, you will be able to present your side of the story at the probation violation hearing.
    Quote Quoting Nicole28
    View Post
    And also how would I go about changing my PO???
    You are free to try to convince his supervisor to assign a different probation officer and, if that fails, to try to get the court to do so. I don't give you good odds of succeeding, so I suggest working with a lawyer.

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