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Patient To Caregiver Transfer?


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WELCOME!!! That is a great question! :goodjob:





Do you mean in a "Here, hold this bag of medicine while i tie my shoe please" or "Here is an ounce of overages that i have, please use it for the uninterrupted supply of medication for another patient" way?


Many opinions are going to follow on this, the law protects both parties involved almost redundantly, yet there will be people that argue to the point of fanatacism that you just begging to go to jail if you do.

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It's funny you bring this up today, I was just talking to another attorney about it yesterday.


My answer is maybe. The sec 8 defense could be argued in favor of a P2C transfer. (element b if memory serves.). But does the statute allow for it, no. Is there a good faith argument to be made to defend it: yes.


In my opinion the statute allows for P2P transfers. Others feel differently. The idea of a P2C transfer is weak but possible. If you were my client I would advise you not to transfer to a caregiver.

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Yes the P2P issue has been discussed much and is still not fully decided (though I am encouraged by the growing consensus). I thought this question was a novel twist asking about Patient transfers back to the CG. If the CG is not a patient intending to rely on the Section 8 Affirmative Defense I would say this is absolutely NOT allowed.


If he/she is then I agree with the other counselor who posted before me, although I am not sure what "others" feel differently (except of course the Oakland County Prosecutor's Office) :growl:

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