Gabapentin - filled but not taken - help please

[I Messed Up]

I have read the other threads on Gabapentin.

I saw an orthopedic surgeon today for some arm pain I've had the last 8 days. They suspect nerve-related cause, perhaps inflammation, and it's not preventing daily function, but he prescribed me Gabapentin until they can get an MRI.

I filled the prescription.

And then I see the other threads here. About how it is completely disallowed. Grounding. Need to show 90 days off, etc.

I am worried sick. I am a professional pilot with significant opportunities coming up. And there are other ways I can cope with the pain in the interim while they determine if it's a vertebrae issue or needs surgery or just physical therapy or will go away on its own or whatever.

I have NOT taken any of the pills. The whole bottle is sitting right here. Can I return it to the pharmacy? Have them count them? Have the doctor do it? Write a note? Anything?

I have 6 months remaining on my 2nd class medical, but I may have a job coming up where I will need a 1st class, so I'd have to get one. Possibly in the next 90 days.

I can 100% honestly and ethically today report that I am not taking the medicine and do not intend to, but I also know that having a prescription is prima facie evidence of having taken it.

Please help. Thanks.

 

[AggieMike88]

Hopefully @bbchien will stop by this evening with some what to do advice

 

[Lindberg]

I have read the other threads on Gabapentin.

I saw an orthopedic surgeon today for some arm pain I've had the last 8 days. They suspect nerve-related cause, perhaps inflammation, and it's not preventing daily function, but he prescribed me Gabapentin until they can get an MRI.

I filled the prescription.

And then I see the other threads here. About how it is completely disallowed. Grounding. Need to show 90 days off, etc.

I am worried sick. I am a professional pilot with significant opportunities coming up. And there are other ways I can cope with the pain in the interim while they determine if it's a vertebrae issue or needs surgery or just physical therapy or will go away on its own or whatever.

I have NOT taken any of the pills. The whole bottle is sitting right here. Can I return it to the pharmacy? Have them count them? Have the doctor do it? Write a note? Anything?

I have 6 months remaining on my 2nd class medical, but I may have a job coming up where I will need a 1st class, so I'd have to get one. Possibly in the next 90 days.

I can 100% honestly and ethically today report that I am not taking the medicine and do not intend to, but I also know that having a prescription is prima facie evidence of having taken it.

Please help. Thanks.

The prescription isn't prima facie evidence of anything other than you had a prescription. And prescriptions aren't even asked about on Medxpress. But you're not going to take it, so take it back to the pharmacy. At the very least they will dispose of it if they don't want it back. Ask if the pharmacist will count it and give you a note stating that you returned x pills for disposal. If so, great, that will cover you if anyone asks for your pharmacy records. If they won't document disposing of it, call your doctor's office and see if you can turn it in to them. At the very least, have your doctor note in your record that you didn't take it.

You still need to get the pain and underlying cause treated though because that sounds serious enough to interfere with flying. You're allowed to take medications on the FAA's Do Not Fly list, as long as you don't fly while you're on it and an appropriate amount of time afterwards:

• 
  

  [*]5-times the maximum pharmacologic half-life of the medication; or
  [*]5-times the maximum hour dose interval if pharmacologic half-life information is not available. For example, there is a 30-hour wait time for a medication that is taken every 4 to 6 hours (5 times 6)

 

[Joe LoRusso]

I have read the other threads on Gabapentin.

I saw an orthopedic surgeon today for some arm pain I've had the last 8 days. They suspect nerve-related cause, perhaps inflammation, and it's not preventing daily function, but he prescribed me Gabapentin until they can get an MRI.

I filled the prescription.

And then I see the other threads here. About how it is completely disallowed. Grounding. Need to show 90 days off, etc.

I am worried sick. I am a professional pilot with significant opportunities coming up. And there are other ways I can cope with the pain in the interim while they determine if it's a vertebrae issue or needs surgery or just physical therapy or will go away on its own or whatever.

I have NOT taken any of the pills. The whole bottle is sitting right here. Can I return it to the pharmacy? Have them count them? Have the doctor do it? Write a note? Anything?

I have 6 months remaining on my 2nd class medical, but I may have a job coming up where I will need a 1st class, so I'd have to get one. Possibly in the next 90 days.

I can 100% honestly and ethically today report that I am not taking the medicine and do not intend to, but I also know that having a prescription is prima facie evidence of having taken it.

Please help. Thanks.

No need to do anything. The FAA has absolutely no way to access your medical files. HIPAA is real. Just be truthful on your 8500-8 - if you haven't taken the medication then it does not need to be reported. (Though this advice is coming from an aviation attorney, I do not represent you. Please seek counsel for questions).

 

[Kenny Phillips]

No need to do anything. The FAA has absolutely no way to access your medical files. HIPAA is real. Just be truthful on your 8500-8 - if you haven't taken the medication then it does not need to be reported. (Though this advice is coming from an aviation attorney, I do not represent you. Please seek counsel for questions).

From the ACLU's website: "The HIPAA rules provide a wide variety of circumstances under which medical information can be disclosed for law enforcement-related purposes without explicitly requiring a warrant."
We don't know if there is "browsing", etc. but given prosecutions for people doing just that, I don't assume that any of my information is safe from any government agency at any level, ever.

 

[LesGawlik]

America is post-legal now. Big.gov doesn't need a warrant for anything if they want the information badly enough.

 

[flyingron]

The FAA has never been constrained by the law (Privacy Act, etc...) even when it directly applies to them.
HIPAA doesn't tell you what you can get, it tells you what you can divulge (if you are a covered entity).

 

[Salty]

From https://www.cdc.gov/phlp/publications/topic/hipaa.html

Permitted Uses and Disclosures
A covered entity is permitted, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations:

*snip*

1. When required by law
2. Public health activities
3. Victims of abuse or neglect or domestic violence
4. Health oversight activities
5. Judicial and administrative proceedings
6. Law enforcement
7. Functions (such as identification) concerning deceased persons
8. Cadaveric organ, eye, or tissue donation
9. Research, under certain conditions
10. To prevent or lessen a serious threat to health or safety
11. Essential government functions