Prescription Fraud Laws in California: Health and Safety Code 11173 HS

As public awareness and law enforcement efforts to combat prescription drug dependencies grow, California has taken strong action against illegal methods of acquiring controlled substances.

A key part of this initiative is targeting "doctor shopping" and other prescription fraud activities.

Under California Health and Safety Code 11173 HS, prescription fraud constitutes a significant criminal offense.

If you or a loved one are accused under this law, it is vital to understand the law, the possible penalties, and your available defense options.

Health and Safety Code 11173 HS forbids obtaining, attempting to obtain, or procuring a prescription for a controlled substance through fraud, deceit, misrepresentation, subterfuge, or concealment of a material fact.

The Esfandi Law Group can help you. Schedule your free consultation at (310) 274-6529 or use the contact form here.

Understanding "Doctor Shopping" under HS 11173

"Doctor shopping" is the main activity addressed by California Health and Safety Code 11173 HS. Legally, it describes a patient who visits various healthcare providers, doctors, or pharmacies to obtain multiple prescriptions for controlled substances.

To secure a conviction, the prosecution needs to demonstrate that the individual intentionally hid information or provided false statements to acquire medications that were not needed for medical reasons.

How the Law Defines Deceptive Behavior

Under HS 11173, fraud doesn't need to involve complex schemes. The law focuses on common, everyday acts of deception used to acquire prescription drugs, such as:

• Concealment of Material Facts: Intentionally not telling a doctor that you're already seeing another physician who has prescribed the same or a similar medication.

• Fraud and Misrepresentation: Falsifying medical history, overstating symptoms, or claiming a fake injury to persuade a healthcare provider to write a prescription.

• Identity Fraud: Providing a fake name, alias, or incorrect home address to a medical professional or pharmacist to acquire a controlled substance.

Critical Legal Threshold: You can be charged and convicted of prescription fraud under HS 11173 even if you never physically receive the medication or the written prescription. The law provides that a fraudulent attempt is sufficient to trigger a criminal charge.

Prohibited Conduct Under HS 11173

The legislation addresses a broad spectrum of deceptive practices, such as but not limited to:

• Concealing Material Facts: Not informing a doctor that another physician has already prescribed you the same or a similar controlled substance.

• Making False Statements: Providing false information about symptoms, injuries, or medical history to a healthcare provider to obtain a prescription.

• Altering Prescriptions: Altering the amount, amount of each dose, or refills on a valid prescription pad.

• Forging Prescriptions: forging a counterfeit prescription or signing a doctor's name on a stolen prescription pad.

• Providing False Information: Providing a false name, alias, or incorrect address to a medical professional or pharmacist to obtain a controlled substance.

Common Drugs Involved in HS 11173 Cases

Prescription fraud charges usually concern tightly regulated, addictive controlled substances. The medications most often mentioned in these cases include:

• Opioids / Painkillers: Vicodin, Hydrocodone, Morphine, Oxycodone (OxyContin)

• Anti-Anxiety Medications / Sedatives: Xanax, Valium

• Stimulants (ADHD Medications): Adderall, Ritalin

California HS 11173 Offense Summary

Offense Category	Charge Level ("Wobbler")	Maximum Penalties
Prescription Fraud / Doctor Shopping	Misdemeanor	Up to 1 year in county jail and/or a $1,000 fine.
Prescription Fraud / Doctor Shopping	Felony	16 months, 2 years, or 3 years in state prison and/or a $20,000 fine.

Examples of Prescription Fraud

Scenario 1: The Fraudulent Injury Claim

A person makes an appointment with a new doctor, claiming they recently had a serious back injury at work. In fact, they are not injured but are addicted to painkillers.

Even if the doctor suspects dishonesty and declines to prescribe the medication, the individual still breaches HS 11173 by making a false statement to secure the drug.

Scenario 2: Traditional Doctor Shopping

A patient receives a legal opioid prescription from their primary care doctor. As their tolerance increases, the initial dosage no longer meets their needs.

The patient then visits three other clinics, showing similar symptoms to each new doctor. By deliberately hiding the fact that their primary doctor is already prescribing their pain medication, the patient commits prescription fraud.

Penalties for a Health & Safety Code 11173 Conviction

In California, HS 11173 is considered a "wobbler" offense, allowing the prosecution to charge it as either a misdemeanor or a felony based on:

1. The specific facts and severity of the case.

2. The defendant's prior criminal history.

Misdemeanor Penalties

• Up to 1 year in a county jail.

• A maximum fine of $1,000.

Felony Penalties

• 16 months, 2 years, or 3 years in California state prison.

• A maximum fine of up to $20,000.

Related California Offenses

Prescription fraud charges are frequently filed alongside or amended to other related drug offenses in California, such as:

• Health & Safety Code 11153 HS: Prescription fraud committed by a prescribing doctor or medical professional.

• Health & Safety Code 11350 HS: Unlawful possession of a controlled substance.

• Health & Safety Code 11162.5 HS: Counterfeiting a prescription blank or pad.

• Health & Safety Code 11368 HS: Forging or altering a prescription.

• Health and Safety Code 11375(b)(2) HS: Possess benzodiazepines without a valid prescription.

How to Fight HS 11173 Prescription Fraud Charges

Being accused of prescription fraud does not automatically lead to a conviction. An experienced criminal defense lawyer can craft a strategic defense to challenge the prosecution's case. Typical legal defenses include:

Lack of Fraudulent Intent

To be convicted under HS 11173, the prosecution must demonstrate that you intended to deceive or mislead. If you genuinely misunderstood your treatment plan, forgot to mention a previous consultation, or sincerely believed you were adhering to proper medical advice, then you did not have the necessary fraudulent intent.

Law Enforcement Entrapment

If undercover law enforcement officers used heavy-handed tactics, harassment, threats, or intense pressure to persuade you to commit prescription fraud that you wouldn't have otherwise committed, an entrapment defense might be applicable.

Pre-Court / Pre-Filing Intervention

Securing legal counsel early is essential. Intervening during the investigative or pre-filing stage allows an attorney to submit mitigating evidence to the prosecutor before formal charges are made.

This proactive step can persuade the District Attorney to classify the case as a misdemeanor instead of a felony, or to dismiss the charges altogether.

FAQs About California Prescription Fraud Laws

Can I be charged with HS 11173 if the pharmacist caught the fake prescription and didn't give me the drugs?

Yes. The language of Health and Safety Code 11173 clearly states that attempting to obtain a controlled substance through fraud is an offense. The crime is considered committed as soon as the deceptive act or statement is made with the intent to acquire the medication.

What happens if I use a fake name to protect my privacy?

Using a false name or address to get a controlled substance directly violates California prescription fraud laws. Even if your medical need was legitimate, giving false identification is considered misrepresentation under the law.

Is drug diversion or treatment an option for an HS 11173 charge?

Depending on your criminal record and the specifics of your case, you might qualify for a drug diversion program or alternative sentencing options like PC 1000 or Prop 36.

These programs emphasize rehabilitation and treatment instead of incarceration, and completing them successfully can result in charges being dismissed.

Can a doctor be charged under this specific code?

HS 11173 mainly applies to individuals trying to obtain drugs. When healthcare providers or doctors issue illegitimate prescriptions or misuse their prescribing power, they are usually prosecuted under Health & Safety Code 11153 HS or other professional misconduct laws.

Contact an Experienced Criminal Defense Law Firm

If you or a loved one is facing allegations of doctor shopping or prescription fraud in Southern California, early legal representation can significantly impact the outcome of your case.

The Esfandi Law Group is a top-ranked criminal defense law firm dedicated to protecting the rights of individuals facing drug charges throughout Los Angeles, Ventura County, and the San Fernando Valley.

Contact our offices today to schedule an initial consultation and review your legal defense options.