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i have been instructed to enter physician offices who appear to write excessive controls and observe patients to determine if the office may be filling scripts for patients who appear "shady". the outside of the practice is observed, then we enter the office and wait for awhile, then leave.
i am given a script of what to say if i am questioned by office staff, which happens since i am not a patient and do not have an appointment.
it is my feeling, that i have been instructed to perform an illegal action and would like some insight from an MD or a lawyer as to if this is legal or not.
It sounds like you are saying you have been hired to investigate offices under cover. You better find out who you are working for. If you don't feel you are good at acting, then you may not be good at this job.
That doesn't sound like something someone who works at a retail pharmacy ought to be doing. The excessive prescriptions of controlled substances, in your supervisor/manager's estimation, sounds like something they should report to law enforcement to investigate if they suspect something shady is going on at the physicians' offices. I'd recommend you call the police/law enforcement and tell them what you've been instructed to do and why.
This is not legal unless you have a private investigators license or are operating under the supervision of a licensed private investigator. Or are doing so as a police informant. In addition you could be charged under various state laws, as well as face civil liabilities in a tort action. Comments regarding patients who appear "shady" would be construed as libel or slander (depending on if you make a written report) and are actionable in a tort "per se" (that is in contrast to per quod, where there must be a jury finding) That means in court they will get automatic damages from you.
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