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In January 2021 and March 2021, a doctor, who was Susan Fox’s friend, prescribed her two drugs commonly used as sleeping aids.
From January to August 2021, Fox filled, paid for and picked up the prescriptions seven times. But Fox never intended to use the medication for herself. Instead, she left the medication in a location that she prearranged with the doctor, who retrieved the medication and reimbursed Fox, according to the opinion.
From April 2022 to July 2022, Fox spoke on the phone three times with a special agent from the U.S. Drug Enforcement Administration, which was investigating the doctor.
Fox admitted to the special agent that she was the doctor’s friend, but denied being prescribed the drugs, that the doctor had prescribed them to her and that she had ever been asked to pick up the medication for anyone.
During the third conversation with the special agent, Fox said that she had no idea why her grocery store loyalty card was used when the prescriptions were picked up in her name and falsely suggested that someone used her phone number when picking up the prescriptions, according to the opinion.
At one point during the investigation, Fox called the special agent to tell him that upon reflection, she had in fact picked up prescriptions for her husband, clients and others.
Fox contacted the doctor after every telephone call she had with the special agent and told the doctor about the conversations, including that she had denied filling prescriptions for the doctor.
The Presiding Disciplinary Judge approved Fox’s stipulation to discipline and suspended her for two years. To be reinstated, Fox must prove by clear and convincing evidence that she has been rehabilitated, has complied with all disciplinary orders and rules and is fit to practice law. The sanction, according to the opinion, takes into account considerable mitigating factors and goes into effect Dec. 10.