Prescription Fraud and Doctor Shopping – Health and Safety Code § 11173
Prescription fraud and doctor shopping charges in California are not just common; they are alarmingly so, reflecting the escalating epidemic of prescription drug addiction.
The term “doctor shopping” refers to the practice of visiting multiple medical professionals in a bid to obtain multiple prescriptions for a controlled substance.
This behavior, considered a form of prescription fraud, is clearly defined under California Health & Safety Code Section 11173. The severity of these charges cannot be overstated, making legal assistance absolutely crucial.
While a doctor could commit prescription fraud by over-prescribing or selling a controlled substance, a patient could also face criminal charges for doctor shopping if they obtain, or attempt to obtain, several prescriptions not medically necessary or if they give false statements to a medical professional about important factors.
California Health and Safety Code § 11173 outlines severe penalties for any patient who, through fraud, deceit, or misrepresentation, obtains or attempts to obtain a prescription from a physician for any controlled substance.
These penalties serve as a stark reminder of the gravity of prescription fraud, and the potential severity of the penalties should not be underestimated. This underscores the crucial need for legal assistance in such cases.
It should be noted that concealing a material fact significant to a doctor's decision to issue a prescription constitutes fraud and carries penalties under HS 11173.
Our criminal defense lawyers are outlining the law below to provide readers with other useful details about the drug crimes of prescription fraud and doctor shopping described in Health and Safety Code § 11173. Remember, legal help is available for those charged, and our team is here to support you every step of the way.
Definition of Prescription Fraud
As stated above, California Health and Safety Code 11173 defines prescription fraud:
No person shall obtain or attempt to obtain controlled substances or procure or attempt a prescription for controlled substances using fraud, deceit, misrepresentation, or concealment of a material fact.
In simple terms, HS 11173 makes it a crime to do any of the following:
- To obtain, or attempt to obtain, a controlled substance
- To procure, or attempt to procure, the administration of a controlled substance
- To use fraud, deceit, misrepresentation, or to conceal a material fact
Common prescription drugs in Health and Safety Code 11173 prescription drug fraud cases include Xanax, Codeine, Vicodin, GHB, Oxycodone, Valium, Morphine, Adderall, and more.
It should be noted that you can still commit this form of prescription fraud even in a situation where no prescription was actually involved.
You can still be convicted of prescription fraud under Health & Safety Code 11173 if you didn't actually obtain a controlled substance or a prescription for one. In other words, just the attempt to do so is a crime.
It's also a prescription fraud crime under HS 11173 if a patient gives a false name or address in connection with a controlled substance prescription.
California Business and Professions Code 4323 BPC makes it a misdemeanor offense to make false statements to a pharmacist to obtain a drug.
Examples of HS 11173 Prescription Fraud
Let's say a drug addict makes a doctor's appointment for a false reason: they are experiencing severe pain after a recent injury. However, in truth, they only want to obtain a prescription for a painkiller due to the fact that they have an addiction to that substance.
Since they made a false statement to a doctor claiming they needed the medication to control the pain, they have committed a prescription fraud crime under HS 11173, even in a situation where the doctor finds out about the fraud and refuses to provide them with a prescription.
As you can see, as discussed above, the alleged patient doesn't need to get possession of the medication or the prescription itself to be found guilty of prescription fraud defined under Health and Safety Code § 11173.
Another example involves “doctor shopping,” where a legitimate patient needs some type of pain medication. A related crime includes California Penal Code 550healthcare fraud.
Let's say the patient received a valid and legal painkiller prescription from one doctor. However, they soon become addicted to the painkiller and start making appointments with several other medical professionals for the sole purpose of obtaining more prescriptions for the same painkiller or other similar medications.
However, the patient conveniently fails to tell the other doctors they are under the care of another physician who already provided them with a prescription for the same painkiller they are now requesting.
Under this scenario, it's also considered prescription fraud, and they could face charges for violating Health and Safety Code § 11173.
Penalties for Health & Safety Code 11173
Doctor shopping or prescription fraud in violation of Health and Safety Code 11173 is a “wobbler,” which means the prosecutor can file the case as either a misdemeanor or felony crime. Their decision is based on the specific circumstances of the case and the defendant's prior criminal history.
The potential punishment under Section 11173 depends on whether a felony or a misdemeanor is charged.
If found guilty of misdemeanor HS 11173 prescription fraud, the penalties can be severe, including up to one year in the county jail and a substantial fine. A felony conviction carries an even more daunting sentence of 16 months, two years, or three years in a California state prison.
Pre-filing intervention in doctor shopping cases is crucial. Presenting a strong defense position before the court can sometimes convince the filing deputy to file a misdemeanor case rather than a felony. This underscores the importance of legal representation in influencing the severity of the charges and highlights the need for professional legal assistance.
Related California Offenses for HS 11173
- Health & Safety Code 11350 – Possession of controlled substance
- Health & Safety Code 11352 – Sale or transportation of controlled substance
- Health & Safety Code 11353 – Prescribing drugs without a legitimate purpose
- Health & Safety Code 11162.5 – Counterfeiting a prescription blank
- Vehicle Code 23152(c) – Driving while addicted to a drug
- Business and Professions Code 725(b) - Excessive prescribing of drugs
California Penal Code 473 sets penalties for forgery offenses prosecuted under California Penal Code 470.
California Penal Code 4573 makes it a crime to knowingly bring controlled substances into a jail, prison, juvenile detention facility, or any other custodial institution.
Under California Health & Safety Code 11153 HS, a medical provider can face criminal charges if they dispense a controlled substance without a valid medical reason.
California Health and Safety Code 11154 HS prohibits healthcare professionals from knowingly prescribing, administering, or dispensing controlled substances to individuals not under their active treatment for a legitimate medical condition.
Fighting Health & Safety Code 11173 Prescription Fraud Charges
If you have been charged with prescription fraud, our Los Angeles criminal defense attorneys can use a wide range of strategies to obtain the best possible outcome in the case.
One of the most common defenses to a prescription fraud case under Health and Safety Code § 11173 is that you lacked fraudulent intent. Recall that under the elements of the crime that you must have used fraud, deceit, etc., in order to be convicted.
In our case example about the drug addict seeking painkillers, perhaps you simply told the doctor you wanted a prescription. Still, they didn't exercise due diligence, and you never used fraud, deceit, or fraudulent intent.
If you were honest about visiting other doctors and having obtained prescriptions, it's the doctor's responsibility not to provide another prescription. Again, the crucial factor is making false statements with the fraudulent intent to obtain the prescription.
If you find yourself facing charges of doctor shopping or prescription fraud under Health and Safety Code § 11173, remember that you are not alone. Our team of experienced criminal defense lawyers is here to guide you through this challenging time. We proudly serve clients throughout Southern California, including the greater Los Angeles area and the San Fernando Valley.
Cron, Israels & Stark is a criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Our Santa Monica office is located at 401 Wilshire Blvd #1200, Santa Monica, CA 90401.