and the reality of the law is that you will need to drag the 'Dr' into court along with a lot of other paperwork and provide an 'affirmative defense' for the higher count. this costs $$. folks can do as they please, but be aware of what you will need to do if you are popped with a higher count. if it's only a few extra, i doubt they will care as much. but try pulling the 40+ rec on them without being fairly obvious in your needs, then be prepared to battle to prove you need it.
ask yourself this as well: can I afford to plop down $5K-$10K in lawyer retainer fees, if I get popped? (and prepared to possibly spend upwards of $20-50K defending?)