California Business and Professions Code 4323 BPC makes it a misdemeanor offense to make false statements to a pharmacist to obtain a drug. These false statements could be made electronically or over the phone. If convicted, you are facing up to one year in county jail and a fine of up to $1,000.
Simply put, It's a crime to falsely represent yourself as a physician for the purpose of obtaining prescription drugs illegally.
BPC 4323 says, "Every person who, to obtain any drug, falsely represents himself or herself to be a physician or other person who can lawfully prescribe the drug, or falsely represents that he or she is acting on behalf of a person who can legally prescribe the drug, in a telephone or electronic communication with a pharmacist, shall be punished by imprisonment in the county jail for not more than one year."
In other words, you violate this law if you falsely represent yourself as a physician or another person who can lawfully prescribe a drug, and the act of misrepresentation or false statement occurred in an electronic or phone communication with a pharmacist who plays a crucial role in preventing such offenses.
You can also violate this law if you falsely represent that you are acting on behalf of another person legally authorized to prescribe a drug to get a drug.
What Does the Law Say?
As noted, Business & Professions Code 4323 BPC prohibits someone from falsely representing themselves as a physician or another authorized prescriber to obtain prescription drugs.
It also prohibits someone from falsely claiming to act on behalf of an authorized prescriber in communications with pharmacists.
This law is designed to prevent people from acquiring prescription medications through deceit. The goal is to reduce the potential for abuse and ensure that prescription drugs are dispensed responsibly.
What Must Be Proven to Convict?
Business and Professions Code 4323 BP applies to a person making false statements or false representations to obtain a drug.
To convict you of violating BPC 4323, the district attorney (prosecution) must prove all the key elements of the crime beyond a reasonable doubt, including the following:
- You falsely represented yourself as a physician or someone else who can lawfully prescribe drugs or as an authorized agent of the person.
- You made the false representation with the specific intent to obtain prescription drugs.
- The false representation occurred during a telephone or electronic communication with a pharmacist.
Notably, BPC 4323 only applies to misrepresentations made by phone or electronic communication. In-person misrepresentation can violate other statutes.
Simply put, you cannot be charged for violating this law unless you utilize the phone or other electronic communication to attempt to obtain prescription drugs illegally.
For example, suppose you call a local pharmacy and pretend to be a licensed physician. During the call, you provide details about a patient and request a prescription for a controlled substance such as Oxycodone, Adderall, Benzodiazepines, and Codeine.
The pharmacist then fills the prescription based on the information you provided. In that case, you can charged with false representation to obtain drugs under BPC 4323.
What Are Related Laws?
California Business and Professions Code 4324 - Forging or altering a prescription. This statute makes it a crime for someone to forge or alter a prescription, sign someone else's name (actual or fictitious) on a prescription, or possess drugs obtained with a forged prescription.
BPC 4324 is also a wobbler that can be filed as a misdemeanor or a felony, which carries 16 months, two or three years in jail, and a fine of up to $10,000.
California Health and Safety Code 11173 HS - Prescription fraud. This crime involves going "doctor shopping" to obtain a prescription drug. This statute is violated when someone (patient) receives or attempts to obtain a prescription for controlled substances through fraud, deceit, misrepresentation, or the concealment of a material fact.
A 'controlled substance' is defined as any substance listed on the five classification schedules of federal and California drug laws. PC 11173 is a wobbler that can be filed as a misdemeanor or a felony, which carries 16 months, two or three years in jail.
California Health and Safety Code 11162.5 - Possession of a prescription blank. This statute prohibits fake prescription blanks in the context of controlled substances. Simply put, it's a crime to counterfeit a prescription blank for a controlled substance or to possess one knowingly.
A "prescription blank" (prescription pad) is what doctors and medical professionals use when ordering or authorizing a prescription for a controlled substance. This crime can be filed as a misdemeanor or a felony. If convicted of a felony, it carries 16 months, two, or three years in jail.
What are the Penalties?
The severity of the penalties will depend on factors such as the defendant's criminal history and the specifics of the offense.
Violations of BPC 4323 can be charged as a misdemeanor offense in California. If convicted, you will face the following penalties:
- Up to one year in county jail and
- Up to $1000 in fines.
Often, the judge will grant probation instead of jail time, subject to terms and conditions such as the following:
- Attending drug counseling or
- Performing community service.
What are the Legal Defenses?
You have rights and legal defenses if you are accused of misrepresentation to obtain prescription drugs. A California criminal defense lawyer can use different strategies to protect your rights and obtain the best possible outcome if you are accused of misrepresentation to obtain prescription drugs.
Most legal defenses will involve challenging one or more elements of the crime that the prosecutor must prove. Some common defenses include the following:
- Perhaps we can argue that you did not attempt to obtain prescription drugs in your communication with the pharmacist.
- If you did not misrepresent yourself as an authorized prescriber using the phone or electronic communication, then you cannot be convicted for violating BPC 4323.
- If you attempted to convince a pharmacist to fill another person's prescription under your name and credentials, you did not violate this law. In other words, there was no misrepresentation.
For more information, contact our Los Angeles-based California criminal defense law firm, Cron, Israels & Stark.
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