Health & Safety Code § 11173
– Using Fraud to Obtain a Prescription (“Doctor Shopping”)
What counts as a violation of Health & Safety Code § 11173?
Health & Safety Code § 11173 makes it a crime to obtain a prescription by fraud. This is referred to as “doctor shopping.”
“Doctor shopping” includes any of the following:
a) Obtaining or attempting to obtain controlled substances, or a prescription for controlled substances, by either of the following:
- Fraud, deceit, misrepresentation, or subterfuge; or
- By the concealment of a material fact
b) Making a false statement in any of the following
- Prescription
- Order
- Report
- Record
c) Falsely assuming the title of, or represent himself to be, a manufacturer, wholesaler,
pharmacist, physician, dentist, veterinarian, registered nurse, physician’s assistant, or other authorized person
d) Affixing any false or forged label to a package or receptacle containing controlled substances
What is the punishment for a violation of of Health & Safety Code § 11173?
Any person who knowingly violates the statute may be convicted of either a felony or a misdemeanor.
A misdemeanor is punishable by:
- Imprisonment in the county jail for up to one year,
- A fine, or
- Both imprisonment and a fine.
A felony is punishable by:
- Imprisonment in the county jail for up to three years
What are the defenses to Health & Safety Code § 11173?
- You did not intend to make a false statement
- It was an accident
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