Fraudulently Prescribing Controlled SubstancesCalifornia Health & Safety Code § 11153

What counts as a violation of Health & Safety Code § 11153?

Health & Safety Code § 11153 makes it a crime for a medical professional to knowingly prescribe a controlled substance for an illegitimate purpose

The law states that prescriptions must only be issued for a “legitimate medical purpose” by an individual practitioner acting in the usual course of his or her professional practice

The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription

This means that both pharmacists and medical professionals authorized to prescribe controlled substances may be convicted under Health & Safety Code § 11153

The following are not legal prescriptions:

1. An order purporting to be a prescription which is issued not in the usual course of professional treatment or in legitimate and authorized research; or

2. An order for an addict or habitual user of controlled substances, which is issued not in the course of professional treatment or as part of an authorized narcotic treatment program, for the purpose of providing the user with controlled substances, sufficient to keep him or her comfortable by maintaining customary use

What is the punishment for a violation of Health & Safety Code § 11153?

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 maximum fine of $1,000, or
• Both imprisonment and a fine

A felony is punishable by:

• Imprisonment in the county jail for up to three years
• A maximum fine of $20,000
• Or both imprisonment and a fine

What are the defenses to Health & Safety Code § 11153?

Defenses to Health & Safety Code § 11153 include the following:

• You did not have knowledge of the illegitimate purpose of the prescription
• The medication was prescribed as a part of a legitimate narcotic treatment program