Doctor Shopping & Prescription Fraud DefenseCalifornia Health & Safety Code § 11173

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

     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