Doctor Shopping and Prescription Fraud – Health & Safety Code 11173
California Health and Safety Code 11173 HS makes it a crime to use fraud or deception to obtain (or attempt to obtain) a prescription for a controlled substance.
Prosecutors can file this crime as a misdemeanor or a felony. A misdemeanor conviction carries up to one year in jail, while a felony conviction can result in up to 3 years in jail. The legal process involves arraignment, pretrial hearings, and potentially a trial if the case is not resolved through negotiation.
This is rampant in Los Angeles County, and prosecutors, law enforcement, and judges are on the look-out for those individuals who are addicted to a particular drug and are moving from doctor to doctor, ordering more and more prescription medication, taking it themselves, selling it to friends or selling it on the street.
This type of drug crime is a huge problem. Even some of the doctors have been caught up in the mix as it relates to these prescription fraud cases and the situations where doctors are not taking a good hard look at the patient to determine whether they need the prescription medication.
They are not keeping good enough records to be able to catch somebody who is abusing prescription medication.
That's the wrong end of HS 11173 and some of the punishments that come with it, which obviously can include jail time and other restrictions on the person.
Laws Keeping Drug Addicts Out of Prison
On the excellent end, many different Propositions have taken hold over the last few years because of Governor Jerry Brown, the legislature, and the voting public. Proposition 36, for instance, allows non-violent drug offenders to enter treatment programs instead of serving time in prison.
Many Propositions and laws have been passed, and really, what they're doing is they're keeping people who are addicted to drugs out of prison.
We don't want our prisons filled with drug addicts and those individuals involved with drugs. Our goal is to keep people who are addicted to drugs out of prison, and the legislature is aligned with this vision.
We've geared our system towards trying to help people who are addicted to prescription medication and get involved in this doctor-switching where they're going to different doctors and getting prescription medication.
A conviction for prescription fraud can have a lasting impact on your future. It stays on your record, potentially affecting your employment opportunities or your chances of higher education. It's important to be aware of these consequences.
They're going to see the moving from doctor to doctor. They're going to know about drug addiction, and they're going to be concerned about hiring you for a job or letting you into a particular educational institution.
Negotiation To Avoid a Conviction
We try to work hard to avoid convictions, especially when our clients are just charged with some drug possession or prescription fraud because the root of that problem is drugs.
Most of the time, they're just hurting themselves. I think that's why many of these Propositions and the judges and prosecutors have finally capitulated and allowed many people to avail themselves of these programs and dismiss their cases.
Sometimes, they can seal and destroy their arrest record so nobody can see it. This process, known as expungement, involves filing a petition with the court to have your record sealed.
If successful, your record will be hidden from public view, allowing you to move on with your life, free from the criminal justice system, and free from the harmful effects that law enforcement can have on your criminal record when you're trying to advance in your life.
So, if you've got a situation where you're charged with this Health & Safety Code Section 11173 related to going to different doctors, getting prescriptions — really what you're doing usually under those circumstances is abusing prescription medication.
If you're facing charges under Health & Safety Code Section 11173 related to prescription fraud, there's hope. We can often help you avoid custody and protect your record, allowing you to move forward in a positive direction, free from the criminal justice system. There is a path to relief and a brighter future.
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