Prescribing Controlled Substances to Known Addicts - Health & Safety Code 11156 HS
California Health & Safety Code 11156 HS makes it a crime for medical professionals to prescribe, dispense, or administer controlled substances to a known drug addict. Violations of this law can be filed as a misdemeanor or a felony.
Medical professionals authorized to prescribe and dispense medications (e.g., physicians, nurse practitioners, pharmacists) are not only bound by law but also have a profound moral obligation to protect the welfare of those receiving those medications.
Under the Health and Safety Code 11156 (HS), the act of prescribing, administering, or dispensing controlled substances to individuals known to be drug addicts or who represent themselves as such is considered a wobbler crime.
This means that, depending on the circumstances, the severity of the offense can be classified as either a misdemeanor or a felony.
HS 11156 says, "(a) Except as provided in Section 2241 of the Business and Professions Code, no person shall prescribe for, or administer, or dispense a controlled substance to an addict, or any person representing himself or herself as such, except as permitted by this division.
(b)(1) For purposes of this section, "addict" means a person whose actions are characterized by craving in combination with one or more of the following:
(A) Impaired control over drug use.
(B) Compulsive use.
(C) Continued use despite harm.
(2) Notwithstanding paragraph (1), a person whose drug-seeking behavior is primarily due to the inadequate control of pain is not an addict within the meaning of this section."
The penalties can be severe if you are found guilty of violating the Health and Safety Code 11156 (HS). Depending on the severity of the charges, you could face up to three years in prison if convicted.
What Does the Law Say?
HSC 11156 makes it illegal for any person authorized to prescribe, administer, or dispense controlled substances to knowingly provide these substances to "a person with substance use disorder, or to any person representing themselves as such."
The law is designed to prevent the misuse of controlled substances and curb the potential for drug addiction and abuse.
For purposes of this law, a person is deemed to have a substance abuse disorder (i.e., drug addiction) if one or more of the following is true:
- They have impaired control over their drug use
- They use drugs compulsively
- They continue to use drugs despite the harm caused to themselves
What Must Be Proven to Convict?
To secure a conviction under HSC 11156, the prosecution must prove the following elements of the crime beyond a reasonable doubt:
- Authorization: The accused must be authorized to prescribe, administer, or dispense controlled substances. This includes physicians, dentists, veterinarians, and pharmacists, among others.
- Controlled Substance: The substance prescribed, administered, or dispensed must be classified as controlled under California law.
- Knowledge of Addiction: The accused must have known, or had reason to know, that the individual was a drug addict. This knowledge can be based on prior experience, medical history, or the individual's representation of their addiction status.
As noted above, in the context of this law, an "addict" is someone whose actions are characterized by a craving for a controlled substance in combination with impaired control over drug use, compulsive use, or continued drug use despite the harm.
What Are the Exceptions to the Rule?
While HS 11156 explicitly prohibits it, California Business and Professions Code 2241 (BPC 2241) outlines notable exceptions to this statute.
These exceptions allow for the prescribing of controlled substances under specific circumstances, such as:
- Treatment of Addiction: Controlled substances may be prescribed for the treatment of narcotic addiction, provided it is done in compliance with federal and state laws governing such treatment.
- Medical Necessity: In some cases, a controlled substance may be prescribed if it is deemed medically necessary and the benefits outweigh the risks associated with the patient's addiction. This must be documented appropriately in the patient's medical records.
- Emergency Situations: The prohibition may not apply in emergency situations where immediate administration of a controlled substance is necessary to preserve life or prevent significant harm.
What Are Related Crimes?
- Health and Safety Code 11154 HS - prescribing a controlled substance without treatment. This law makes it a crime for a physician to prescribe a controlled substance without treatment to someone who is not under their care. If that person is an addict, they can also be charged with HS 11156 prescribing a controlled substance to an addict.
- Health and Safety Code 11153 HS - prescription fraud by medical professionals. This law makes it a crime for a medical professional to knowingly prescribe a controlled substance that is not issued for a legitimate medical purpose or is not issued in the usual course of their professional practice. A felony conviction carries a sentence of up to three years in jail.
- Health and Safety Code 11173 HS - prescription fraud. This law makes it a crime to use fraud to obtain a prescribed controlled substance. This involves a situation where people use fraud to obtain or attempt to obtain a controlled substance by way of a prescription.
What are the HS 11156 Penalties on Conviction?
Violating HSC 11156 is a "wobbler offense," meaning it can be charged as a misdemeanor or a felony.
If you're convicted of a misdemeanor, you could face:
- Up to one year in county jail and
- Up to $20,000 in fines.
If you're convicted of a felony, you could face:
- Up to three years in prison and
- Up to $20,000 in fines.
In either case, the judge can impose probation as an alternative to jail time, depending on the circumstances of the case.
In addition to the above penalties, medical professionals convicted of prescribing or administering controlled substances to a drug addict have a high likelihood of facing disciplinary action from their respective professional licensing boards, possibly leading to a revocation of their license.
What are the Common Defenses?
If you're charged with violating HSC 11156, an experienced California criminal defense attorney may employ one or more defenses to counter the charges.
Lack of Knowledge
An essential defense is demonstrating that you did not know, nor had reason to believe, that the patient was representing themselves as someone with a substance use disorder. Without this knowledge, the prosecution may struggle to prove intent, a crucial component of the crime.
Compliance with Legal Exceptions
If your actions fell within the exceptions outlined in BPC 2241, you can argue that your conduct was legal. This requires thorough documentation and evidence that the treatment was for non-maintenance purposes, involved emergency care, occurred within a state-licensed institution, etc.
Not an Addict or Inadequate Control of Pain
BPC 2241 also distinguishes between substance use disorder and inadequate pain control. Suppose the patient's drug-seeking behavior was primarily due to unmanaged pain. In that case, your attorney may argue that the individual does not meet the legal definition of a person with substance use disorder, thus negating the charge.
For additional information, contact our criminal defense law firm, Eisner Gorin LLP, which has offices in Los Angeles, CA.
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