Prescription Fraud and Doctor Shopping in California: Health and Safety Code § 11173

Prescription drug abuse and addiction to controlled substances—such as opioids, benzodiazepines, and stimulants—have led to aggressive law enforcement targeting of prescription fraud and "doctor shopping" across California. 

Charged under California Health and Safety Code § 11173 HS, these offenses carry significant criminal penalties, potential state prison sentences, and long-term professional or personal consequences.

Whether an investigation stems from a patient visiting multiple physicians or alleged misrepresentations made to a pharmacist, understanding the legal framework of HS 11173 is essential for building a defense.

Simply put, California Health and Safety Code § 11173 HS makes it illegal to obtain, attempt to obtain, or procure controlled substances or prescriptions through fraudulent means, misrepresentation, deceit, or the concealment of a material fact.

Legal Definition of Health and Safety Code § 11173

Under California Health and Safety Code § 11173(a), "No person shall obtain or attempt to obtain controlled substances, or procure or attempt to procure the administration of or a prescription for controlled substances, (1) by fraud, deceit, misrepresentation, or subterfuge; or (2) by the concealment of a material fact." Additionally, under § 11173(b), no person shall make a false statement in any prescription, report, or record, nor give a false name or false address.

What Must Be Proven to Convict Under HS 11173

To secure a conviction for prescription fraud or doctor shopping under Health and Safety Code § 11173, the prosecution must establish the following legal elements beyond a reasonable doubt:

1. Targeted Substance: The defendant sought, obtained, or attempted to obtain a controlled substance (or a prescription for one) listed in the California Controlled Substances Act (e.g., Oxycodone, Vicodin, Xanax, Adderall, Codeine, Valium, GHB, or Morphine).

2. Prohibited Conduct: The defendant engaged in fraud, deceit, misrepresentation, subterfuge, or the concealment of a material fact (such as failing to disclose an active prescription from another doctor).

3. Specific Intent: The defendant acted with the specific intent to deceive or defraud a healthcare provider, pharmacist, or medical professional to procure the drug or prescription.

4. Attempt or Completion: The defendant either successfully obtained the prescription/drug OR made an overt attempt to do so. Actual possession of the drug or prescription is not required for a conviction.

Penalties for Health & Safety Code § 11173

Prescription fraud under HS 11173 is a "wobbler" under California law, meaning prosecutors have the discretion to file the charge as either a misdemeanor or a felony based on the defendant's criminal history and the specific circumstances of the offense.

• Misdemeanor Conviction: Punishable by up to 1 year in county jail, statutory fines of up to $1,000 (plus mandated court assessments), and potential summary (informal) probation.

• Felony Conviction: Punishable by 16 months, 2 years, or 3 years in county jail under California Penal Code § 1170(h), statutory fines of up to $10,000 (plus court assessments), and formal (monitored) probation.

Diversion Programs

First-time offenders or individuals whose charges stem primarily from severe substance use disorders may be eligible for pre-trial drug diversion programs under California Penal Code § 1000 or Proposition 36. Successfully completing an approved court-ordered treatment program can lead to a complete dismissal of the criminal charges.

Defense Strategies Against HS 11173 Charges

A skilled criminal defense attorney can utilize several legal strategies to fight doctor shopping or prescription fraud allegations:

• Lack of Fraudulent Intent: If you did not intentionally deceive the physician or conceal information—such as honestly believing your previous prescription had expired or misunderstanding medical instructions—you lack the requisite intent to commit fraud.

• No Material Misrepresentation: Failing to mention a past medical history item that had no bearing on the doctor's decision to prescribe does not constitute concealment of a "material fact."

• Mistake of Fact / Honest Miscommunication: Miscommunications between patients and medical staff regarding symptoms, prior treatments, or referral histories do not equate to criminal deceit.

• Insufficiency of Evidence: The prosecution must prove beyond a reasonable doubt that misstatements were made intentionally to obtain drugs, rather than arising from incomplete medical record-keeping by the clinic.

Related Laws and Associated Charges

When prosecuting prescription drug crimes, district attorneys often file secondary charges stemming from the same course of conduct:

• Business and Professions Code § 4323 BPC (False Statements to a Pharmacist): Makes it a misdemeanor to give false information or a fake identity to a pharmacist to obtain prescription drugs.

• Health & Safety Code § 11350 HS (Possession of a Controlled Substance): Prohibits possessing controlled substances without a valid prescription.

• Health & Safety Code § 11162.5 HS (Counterfeiting Prescription Blanks): Prohibits forging or counterfeiting prescription forms.

• California Penal Code § 550 PC (Healthcare Fraud): Prohibits submitting false or fraudulent claims to healthcare insurance programs.

• Health & Safety Code § 11153 HS & § 11154 HS (Unlawful Prescribing by Provider): Prohibits medical providers from issuing prescriptions without a legitimate medical purpose or outside active treatment.

• Vehicle Code § 23152(c) VC (Driving While Addicted): Makes it unlawful to drive a vehicle while addicted to any drug.

Why related charges matter: Prosecutors frequently charge secondary offenses—such as possession under HS 11350 or healthcare fraud under PC 550—alongside HS 11173 to create leverage during plea negotiations.

Multiple counts increase a defendant's potential custody exposure and financial penalties, making it critical for defense counsel to challenge secondary counts early in the pretrial process.

Hypothetical Examples

• Doctor Shopping via Concealment: A patient receiving monthly Oxycodone refills from an orthopedic surgeon visits a new general practitioner for back pain, intentionally concealing the surgeon's active prescription to secure a second prescription for the same drug.

• Attempted Fraud at the Counter: An individual presents an altered prescription blank for Xanax at a local pharmacy using a fake name; even though the pharmacist notices the alteration and calls the police before dispensing the medication, the individual is charged with felony attempt under HS 11173.

• Miscommunication Defense (No Crime): A patient informs a new physician that they lost their legitimate prescription bottle during a move and requests a replacement, unaware that their former clinic already sent an electronic transfer—because the patient was honest and lacked intent to deceive, no crime under HS 11173 occurred.

Frequently Asked Questions (FAQs)

What is "doctor shopping" under California law?

Doctor shopping is the practice of visiting multiple medical professionals to obtain multiple prescriptions for controlled substances by concealing the fact that you are already receiving similar prescriptions from another doctor.

Can I be convicted of HS 11173 if I never actually received the drugs?

Yes. Health and Safety Code § 11173 explicitly penalizes the attempt to procure controlled substances or prescriptions through fraud or deceit, regardless of whether the pharmacy filled the prescription or the doctor refused to write it.

Is doctor shopping a felony or a misdemeanor in California?

HS 11173 is a "wobbler" offense. Depending on the defendant's criminal record, the quantity of drugs involved, and the specific facts, prosecutors can file it as a misdemeanor (up to 1 year in jail) or a felony (up to 3 years in jail).

Can a doctor or pharmacist be charged under HS 11173?

While HS 11173 primarily targets individuals obtaining drugs through fraud, healthcare providers who knowingly participate in fraudulent schemes, issue prescriptions without legitimate medical need, or falsify records can face related charges under Health & Safety Code §§ 11153 or 11154.

What qualifies as a "material fact" in prescription fraud cases?

A material fact is information significant enough to influence a medical professional's decision to issue or fill a prescription, such as an ongoing prescription from another physician, a false medical history, or a fake identity.

Can I enter a drug diversion program for an HS 11173 charge?

Yes. Eligible non-violent offenders, particularly first-time offenders struggling with substance dependence, may participate in drug diversion under Penal Code § 1000. Successfully completing the court-ordered program leads to a complete dismissal of the charges.

How does giving a fake name at a pharmacy violate HS 11173?

Under Health and Safety Code § 11173(b), providing a false name or false address in connection with the prescribing or dispensing of a controlled substance is an explicit statutory violation, even if the medical condition described was real.

How can a criminal defense lawyer help before charges are filed?

During pre-filing negotiations, an experienced criminal defense attorney can present mitigating evidence, proof of voluntary addiction treatment, or evidence demonstrating a lack of fraudulent intent to convince prosecutors to drop charges, offer diversion, or file the case as a misdemeanor rather than a felony.

Speak With a Criminal Defense Attorney

Facing allegations of prescription fraud or doctor shopping under Health and Safety Code § 11173 can be overwhelming. Early legal intervention is essential to protect your rights, explore diversion opportunities, and work toward a favorable case outcome.

The law firm of Cron, Israels & Stark provides aggressive defense representation for individuals facing state and federal drug charges throughout Los Angeles County, the San Fernando Valley, and Southern California.

Schedule your consultation today at (424) 372-3112 or use the contact form.

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