Definition of the Crime
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Prescription drugs and controlled substances may serve an important medicinal purpose for many patients. However, some people are addicted to certain prescription drugs and abuse controlled substances. Licensed physicians are authorized to write prescriptions for controlled substances, but sometimes these physicians will write these prescriptions unlawfully. The California state legislature has made it illegal to prescribe any controlled substance without a documented medical purpose. This offense is a violation of the California Health & Safety Code Section 11153 HSC statute and has the potential for serious penalties.
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To convict a physician or other medical professional of a Section 11153 violation, the prosecution must prove the following criteria beyond a reasonable doubt:
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- The medical professional has written a prescription which was not issued during the usual treatment course or issued in connection with any legitimate research
- Alternatively, the medical professional writes a prescription for a known addict or abuser of controlled substances, and does not issue the prescription in connection with a professional treatment course meant to wean the patient off of narcotics use
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Controlled substances meet a strict definition based on federal and state drug classification guidelines. Included on the list are opiates, depressants, and stimulants.
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Some licensed narcotics treatment programs involve the administration of prescription substances in increasingly lower doses to help an addict wean themselves off the substance. This is a safer treatment method than forcing the addict to quit the substance “cold turkey.” Provided the treatment program is officially licensed, physicians may prescribe for this purpose without being criminally liable.
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Examples
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A doctor sees many different patients over the course of his practice. A man visits him and complains of nausea along with other symptoms. The man tells the doctor that he has a painkiller addiction and is out of pills. When the doctor suggests treatment, the man refuses. However, he is physically ill due to the effects of withdrawal. He asks the doctor for a Vicodin prescription. Because the patient is clearly distressed, the doctor agrees, even though the patient has admitted he is an addict. In this case, the doctor could face charges for prescribing Vicodin unlawfully. Supplying addicts with controlled substances is prohibited by the California Health & Safety Code Section 11153 HSC statute. Doctors are specifically prohibited from providing a patient drugs for their addiction unless the prescription is part of a licensed treatment program.
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A woman visits a physician complaining that she experiences severe and chronic back pain. Upon examination, the doctor does not find any signs that the patient is lying. He writes a painkiller prescription. In actual\n\n
