Welcome to 1984: Why Silence in Your Doctor’s Office Is Now a Felony

By: John Guidry

Welcome to 1984, where Big Brother has intruded even further into your private life. Today’s lesson: Be careful what you ask for. Orlando police can now get involved in something as simple as a trip to your doctor’s office. The Crime: Florida laws can be broken by a patient within their doctor’s office if the patient withholds information. How can it be a crime to “not” tell your doctor something?

Did you get arrested because you didn’t tell your doctor about an old prescription?

Silence can be a crime. Call John today at (407) 423-1117.

The Statute: “Doctor Shopping” (F.S. 893.13(7)(a)(8))

The crime of Doctor Shopping makes it unlawful to withhold information from a doctor when you seek to obtain a controlled substance, if you have received a prescription of like use from another doctor within the previous 30 days.

• The Reality: 99 times out of 100, these situations transform into Trafficking charges because the pill counts add up quickly.

The Problem: What if your doctor doesn’t ask about your current medications? If he doesn’t ask, and you don’t tell, did you really “withhold” anything?

The Case: Knipp v. State (The Duty to Volunteer)

In Knipp v. State (2010), the defendant moved to dismiss his Doctor Shopping charge.

• The Defense: Knipp argued that the doctor never asked him about his current medications. Therefore, he didn’t lie; he just remained silent.
• The Ruling: The Court ruled against him. They held that the statute requires a patient to volunteer information to the doctor. You have an affirmative duty to speak up.

The Loophole (Judge Farmer’s Concurrence): There is a sliver of hope. Judge Farmer noted:

“To my mind, it would be a different matter if the defendant had instead merely stated his complaints and symptoms… and asked whether something could be prescribed.”

• Translation: If you walk in and say, “I need Oxycodone,” you must disclose prior prescriptions. If you walk in and say, “My back hurts, can you help me?” and the doctor decides to prescribe Oxy on his own, you might have a defense.

John’s 2026 Update: E-FORCSE & The “Digital Trap”

Note: In 2010, you could hide your history. In 2026, the doctor knows before you even walk in the room.

1. The E-FORCSE Database In 2026, Florida doctors are legally required to check the E-FORCSE (Prescription Drug Monitoring Program) database before writing a controlled substance script.

• The Trap: If you lie and say “I haven’t had any scripts,” the doctor sees the lie on his screen instantly.
• The Defense: We now argue “Lack of Materiality.” If the doctor is required to check the database, and the database shows your history, then your silence didn’t hide anything. He knew (or should have known) the truth. If he prescribed anyway, that is on him, not you.

2. Trafficking by Aggregate Weight In the old days, Doctor Shopping was just a fraud charge.

• The 2026 Danger: Today, if you “shop” for hydrocodone or opioids, prosecutors stack the total weight of all pills from all doctors. This pushes you into Trafficking territory (often with a 3, 7, or 15-year Minimum Mandatory sentence) much faster than individual possession counts.

3. Telehealth “Shopping” With the rise of Zoom doctors, we see more “Telehealth Shopping.”

• The Law: Florida law treats a video call exactly like an in-person visit. If you log into a Telehealth app and fail to disclose that you just got a script from another app, you are committing a felony from your living room.

Big Brother is Watching Your Prescriptions

Florida courts assume you are trying to cheat the system. We know how to prove that you were seeking help, not a high.

Call me at (407) 423-1117. Let’s review your medical records.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.