Medical practitioners in California are authorized to prescribe medications for different conditions. These professionals include nurses, physicians, and pharmacists. However, they must follow laws and moral obligations to ensure the safety of the individuals receiving the education. California Health and Safety Code 11156 makes it a crime for a practitioner to prescribe a controlled substance to a known addict.

An addiction is a condition where an individual has impaired control of drug use or continues to use it regardless of the harm it causes. A violation of this statute can result in arrest and felony or misdemeanor charges.

After a conviction for the offense, you could face severe legal and collateral consequences. In addition to spending time behind bars, you may be reported to your licensing board, which can take severe action against your license if you are facing disciplinary action for prescribing a controlled substance to a known addict. You will need a reliable license defense attorney.

An Overview of California Health and Safety Code 11156

Under California HSC 11156, it is illegal for any medical practitioner to prescribe a controlled substance to a known addict. A controlled substance is a drug whose possession, manufacture, sale, or use is controlled by the government. In California, controlled substances are divided into five different schedules. These schedules are based on how dangerous the drug is, its medical uses, and its potential for abuse. They include:

  • Schedule I. The substances under this category may have a significant risk for abuse. Also, they do not have any medical uses. Common examples of drugs in Schedule I include heroin, ecstasy, and LSD. Possession or use of these substances is illegal under any circumstances.
  • Schedule II. The Schedule II substances have medical uses but are highly addictive. They include cocaine, oxycodone, and fentanyl. Doctors can prescribe them. However, prescribing to people with an addiction can result in criminal charges.
  • Schedule III. The drugs under Schedule III have a reduced risk of abuse and have medical value in most cases. They include ketamines, anabolic steroids, and some codeine mixtures. Misuse of these substances can still lead to addiction.
  • Schedule IV. Substances under this schedule may have many accepted medical uses and a low risk of dependency. They include Valium, Xanax, and Ambien. However, abuse of prescription medication by known addicts can lead to legal trouble.
  • Schedule V. These substances have the least risk of abuse. They include medicines with minimal amounts of codeine. Schedule V drugs are available by prescription, but the law regulates them.

HSC 11156 aims at preventing the misuse of controlled substances and reducing the risk of addiction. Under this statute, a person with an addiction is an individual who meets the following characteristics:

  • They have impaired control over drug use. This means the person finds it difficult to stop using drugs. They may take larger amounts than intended or use the drug for longer periods than planned. The cravings for drug use can be intense during addiction.
  • They use drugs compulsively. Compulsive drug use means that the person feels the need to use medicines repeatedly. The drug use becomes part of their daily routine. Also, the person may use drugs in unsafe or inappropriate places. Such behavior can cause them to neglect their personal or professional responsibilities. A person develops an addiction if their urge to use becomes stronger than their will to resist.
  • They continue using the drugs regardless of the harm they cause. A person is considered a person with an addiction if they cannot stop using a drug, although it causes physical, emotional, or social problems. They may face health issues, lose relationships, or get into legal trouble, but fail to stop using. The continued use shows that the addiction has a powerful hold over their behavior.

Elements of Health and Safety Code 11156

Before you face a conviction for prescribing a controlled substance to a person with an addiction, the prosecutor must prove the elements of the crime. The prosecutor relies on physical evidence, circumstantial evidence, and witness testimonies to establish these elements. They include:

Authorization

HSC 11156 is charged against health practitioners. Therefore, the prosecution must prove that you were authorized to prescribe, dispense, or administer the controlled substance. You receive this authorization by obtaining a nurse, physician, or pharmacist license.

You Prescribed a Controlled Substance

Controlled substances have a risk of addiction, and their misuse can result in severe health complications. The prescription must show you are a licensed practitioner under controlled substance laws.

Knowledge of Addiction

The final element that the prosecution must prove to secure a conviction under HSC 11156 is that you knew that the individual was a known addict. The court will determine your knowledge of the addiction through past interactions with the individual in question or their medical history.

Exceptions to HSC 11156 Law

Health and Safety Code 11156 is strict on professionals who prescribe controlled substances to known addicts. However, California Business and Professions Code 2241 has some exceptions to the statute. The exceptions allow you to prescribe the controlled substance, and they include:

Treating Addiction

You can prescribe a controlled substance to a person with an addiction for the treatment of their addiction. However, you must comply with the state and federal laws that govern the treatment. Only approved medical professionals or treatment programs can provide these medications.

Drugs like methadone or buprenorphine are commonly used to manage withdrawal symptoms. Additionally, they help to manage cravings. The goal of prescribing these substances is to help patients stabilize. Also, it allows a patient to move toward recovery under close supervision. However, you could face serious legal and professional consequences for misusing the prescription.

Medical Necessity

Sometimes, you can prescribe a controlled substance to a person with an addiction if it is medically necessary. However, you must determine that the potential benefits to the patient outweigh the risks linked to addiction. You must support each description with clear documentation in the patient’s medical record.

The record should show the reason for the prescription. Also, it should indicate the steps you intend to take to monitor the patient’s progress. Proper record-keeping ensures accountability and compliance with medical and legal standards.

Emergency Situations

The law allows an exception for prescribing a controlled substance in true emergencies. When a patient’s life is in danger or serious harm occurs, a controlled substance may be administered immediately. The focus in such cases is to preserve life and prevent suffering. When the emergency passes, you can document the event and the necessity for the treatment used.

Penalties for Prescribing a Controlled Substance to Known Addicts in California

Prescribing a controlled substance to a known addict is a wobbler under California law. A wobbler is a crime in California that can be charged as either a misdemeanor or a felony. Some of the factors that could impact the prosecutor's decision when filing the charges are:

  • Severity of the offense. If your violation of HSC 11156 resulted in the death or injury of another person, the prosecution can file felony charges against you.
  • Defendant’s criminal history. Your criminal history plays a significant role in your case for prescribing a controlled substance to a person with an addiction. If you have a history of other drug crimes or you are a repeat offender, the prosecution can charge you with a felony. First-time offenders or those with a clean record may receive misdemeanor treatment.
  • Intent and circumstances. The prosecutor will consider your intent when filing felony or misdemeanor charges under HSC 11156. If the act was deliberate or showed reckless disregard for others, you can face felony charges.
  • Cooperation and remorse. If you take responsibility for your actions and cooperate with authorities during the investigations, the prosecutor can reduce your charges.

When charged as a misdemeanor, the offense is punishable by:

  • A jail sentence of up to one year
  • Fines that do not exceed $20,000

A felony conviction, on the other hand, is punishable by:

  • A prison sentence of 18 months, 2, or 3 years
  • Up to $20,000 in fines

Probation for Prescribing a Controlled Substance to an Addict in California

Sometimes, the city can sentence you to probation after a conviction for violating HSC 11156. You could receive probation for a felony or misdemeanor conviction, depending on the circumstances. Probation is a period of court-ordered supervision. It allows a defendant to remain in the community instead of serving jail or prison time.

Probation provides rehabilitation, health care, and legal enforcement. However, probation is not automatic. You must negotiate with the prosecution for the sentence. The court can award you probation instead of incarceration if you are a first-time offender.

The probation duration for this offense is usually three to five years, depending on the case and the judge’s discretion. In the meantime, you must comply with the court and the Medical Board of California conditions. These include:

  • Completion of addiction and prescribing education programs.
  • Regular audits of medical and prescription records.
  • Prohibition from prescribing certain controlled substances.
  • Community service or fines.
  • Compliance with random inspections or supervision by the Medical Board
  • Avoid new criminal offenses during the probation period.

Violating any of these terms can lead to revocation of probation. If the court revokes your probation, the judge can impose the original or maximum sentence for the offense.

Legal Defenses Against HSC 11156 Charges

The stakes are high for defendants facing charges for the prescription of controlled substances to known addicts. The consequences of a conviction for this offense can follow you for the rest of your life. However, there are several defenses you could present to avoid the sentence. They include:

Lack of Knowledge

One element the prosecution must prove to establish your liability under HSC 11156 is your knowledge of the person's addiction. You could avoid a conviction by arguing that you did not know or you would not have known that the person to whom you prescribed the controlled substance had an addiction.

You can support your argument by showing that you have no prior interaction with the person. Also, the defense is applicable if no records show addiction.

Entrapment

Entrapment occurs when law enforcement officers entice you to commit a crime you would not have otherwise committed. You can apply this defense to your case if you face an arrest after a sting or undercover operation. However, you must show that the idea to prescribe the controlled substance came from the law enforcement officers.

The Person is Not an Addict

You are guilty of HSC 11156 if the prosecution shows that the person to whom you prescribed the drugs is a known addict. If the person does not meet the legal definition of a person with an addiction, you could avoid a conviction for the offense.

Forged Prescription

Many drug addicts forge the prescriptions of a physician to obtain controlled substances. If a person were your patient, they could alter a legal prescription to purchase a controlled substance. Such conduct could land you in legal trouble. However, you can beat the charges and avoid a conviction by proving that you did not write the prescription.

Compliance with Legal Exceptions

California BPC 2241 outlines some exceptions to this law. Under this statute, you could prescribe the controlled substance in emergencies or when the benefits outweigh the addiction. If you are charged under HSC, you can avoid a conviction by arguing that you followed state and federal laws under an exception. However, you should have sufficient evidence to justify your actions.

Impact of California Health and Safety Code 11156 for Medical Practitioners

Medical practitioners can prescribe controlled substances for individuals who need them. However, prescribing to known addicts can result in legal troubles. A conviction for violating HSC 11156 attracts severe legal and collateral consequences for medical practitioners.

After a conviction, the relevant law enforcement department may notify your licensing board. This offense is directly related to your practice. Therefore, it can result in devastating effects on your license and career. After learning of your conviction, the board may launch an investigation against you.

The investigation may include interviews, data collection, and checking your professional record. The board may then hold a hearing where you have the opportunity to defend against the allegations. If you are found to have committed the violation, the board may impose the following disciplinary actions:

License Suspension

You cannot continue to practice as a medical practitioner when your license is suspended. License suspension can last up to five years, depending on the circumstances. During the suspension period, the board may impose certain conditions you must follow. After the suspension period has elapsed, you could petition the board to reinstate the license.

License Revocation

A revocation of your professional license is the harshest disciplinary action you could face as a medical practitioner. If prescribing the controlled substance to a known addict resulted in death or injury, you could face a license revocation. Unlike a suspension, the revocation of your license is a permanent action. Therefore, the revocation could mean the end of your career and livelihood.

If you are navigating the disciplinary process for prescribing controlled substances to a known addict, you will need the guidance of a reliable attorney. Your license defense lawyer can play the following roles in your case:

  • Offering you legal guidance. A license defense attorney will explain your rights throughout the disciplinary process. They will also help you understand the allegations and possible outcomes.
  • Representing you before the board. A lawyer will represent you in your licensing board hearings and meetings. They will also present your case clearly and contest the board's evidence.
  • Evidence collecting. Your attorney will review all evidence, interview witnesses, and collect records to support your defense. They also find holes or weaknesses in the board’s case against you.
  • Negotiation for settlement or reduction. Many cases can be resolved before a full hearing. The attorney negotiates with the board for a reduced penalty, probation, or dismissal of charges.
  • Protecting your career and reputation. A conviction for prescribing a controlled substance to a known addict can end your job. The attorney’s goal is to protect your license and your professional standing. They help you take corrective actions and guide you through petitioning for a license reinstatement.

Find a Competent Drug Crime Defense Attorney

You could face an arrest and criminal charges under HSC 11156 if you prescribe a controlled substance to a known addict. The offense is commonly charged against medical practitioners authorized to dispense or prescribe medications. The court will find you guilty of this offense if the prosecution can prove that you prescribed the controlled substance and you knew of the addiction.

Prescribing a controlled substance to a person with an addiction is a wobbler, which means the offense could result in a felony or misdemeanor conviction. The penalties of a conviction may include incarceration, fines, and probation. Additionally, you risk losing your professional standing through the board's disciplinary action. After an investigation and hearing, your licensing board can suspend or revoke your license, which could mean the end of your career.

If you are at risk of losing your medical practitioner license after an HSC 11156 conviction, you will need our guidance at the Legal Guardian. We serve clients battling professional license defense in Long Beach, CA. Contact us today at 866-448-6811 to discuss your case.