California Health and Safety Code Section 11173: Doctor Shopping / Prescription Fraud
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1. Definition and Statutory Elements of the Crime
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As the prevalence of prescription drug overuse and addiction has increased in California, doctor shopping has become more and more common. Typically, doctor shopping describes the process of meeting with several doctors, medical providers, or pharmacies in an attempt to procure prescription drugs in large quantities. This is a common form of prescription fraud that is in violation of California Health and Safety Code section 111723.
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A defendant may be convicted under the doctor shopping statute if defendant engages in any of the following acts:
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-obtaining or attempting to obtain a controlled substance by utilizing subterfuge, deceit, fraud, misrepresentation or concealment of a material fact.
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-making an untrue statement in any health record, report, order, or prescription.
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-assuming a false title or falsely representing himself as a wholesaler, manufacturer, dentist, pharmacist, physician, veterinarian, physician’s assistant, registered nurse, or any other authorized person.
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-affixing a forged or false label to a receptacle, container, or package which contains any controlled substance, including any drugs identified on federal and state drug schedules, such as oxycodone, morphine, hydrocodone, xanax, adderall, valium, or ritalin.
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2. Related Offenses
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Other offenses that are related or similar to doctor shopping include:
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a. California Health & Safety Code Section 11350 – possession of a controlled substance
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b. California Health & Safety Code Section 11153 – prescribing a controlled substance without a legitimate purpose
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c. California Health & Safety Code 11368 – forged prescription for Narcotic
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3. Examples
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Exmaple A: The defendant developed an addiction to oxycodone after he sustained injuries in a motor vehicle collision that caused recurring back pain. After his primary care physician declined to prescribe additional oxycodone or prescription painkillers, the physician recommended the defendant enroll in a drug treatment program. The defendant declined and instead proceeded to meet with several different physicians in the area in an attempt to obtain prescriptions for oxycodone. The defendant told the other physicians he had not previously treated with another provider and does not disclose his visits with other physicians. The defendant received prescriptions for oxycodone from each of the new physicians. The defendant may be charged and convicted of doctor shopping or prescription fraud under California Health and Safety Code Section 11173 because the defendant made false statements to each physician when he denied earlier treatment and denied treating with other providers.
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Example B: The defendant visited a pharmacy to fill his prescription \n\n
