Doctor Shopping
1. What is Doctor Shopping?
2. What are examples of Doctor Shopping?
Doctor shopping is a serious offense in California that involves attempting to obtain controlled substances through deceit, misrepresentation, or concealment of important medical facts. This practice is considered a form of prescription fraud under Health & Safety Code Section 11173 HS and is often linked to the misuse of prescription drugs, particularly painkillers and other controlled substances. Understanding the different ways doctor shopping can occur is essential for both patients and healthcare providers in order to avoid legal repercussions.
In this article, we will explore various examples of doctor shopping and how these actions can lead to criminal charges.
1. Lying About Symptoms to Obtain Medication
One of the most common forms of doctor shopping involves a patient fabricating or exaggerating their symptoms to convince a doctor to prescribe a controlled substance. A person may claim to have severe pain or a medical condition that requires medication, even though they do not actually suffer from such symptoms.
Example: A patient visits a new doctor and falsely claims to have chronic back pain. They request a prescription for Oxycodone, even though they have been prescribed the same medication by their previous doctor. The doctor, unaware of the patient’s medical history, writes the prescription.
In this case, the individual is “doctor shopping” by providing false information in order to obtain controlled substances they don’t actually need.
2. Seeing Multiple Doctors for the Same Prescription
Doctor shopping often involves a patient visiting multiple healthcare providers, each of whom may unknowingly prescribe the same medication. This tactic allows the person to accumulate several prescriptions for the same or similar drugs, often in higher doses than any single doctor would typically prescribe.
Example: A person visits several primary care doctors over the course of a few weeks, each time requesting a prescription for Ritalin to help with focus. They purposely omit the fact that they have already received a prescription for Ritalin from a previous doctor. By visiting multiple doctors, the patient obtains several prescriptions for the same medication, effectively increasing their supply.
This type of doctor shopping is particularly dangerous as it may lead to an overdose or other health complications due to the excessive amount of medication.
3. Manipulating Emergency Rooms to Get Strong Painkillers
Another common form of doctor shopping occurs in emergency rooms (ERs), where patients may exaggerate or fabricate their symptoms in order to obtain powerful painkillers like Dilaudid or Morphine. Since ERs are often overwhelmed with patients, it can sometimes be easier for individuals to manipulate doctors or nurses into prescribing these controlled substances.
Example: A person visits the ER, claiming to be in excruciating pain from a non-existent injury or condition. They request Dilaudid, knowing it is a potent opioid that provides intense relief. The ER physician, believing the patient’s claims, administers the drug, allowing the patient to obtain the prescription they were seeking.
This type of doctor shopping is not only illegal but also poses significant risks to both the individual and the healthcare system, contributing to the ongoing opioid crisis.
4. Using False or Altered Information to Conceal Prior Prescriptions
In some cases, patients may provide false personal information to healthcare providers in order to hide their previous prescriptions. By doing so, they hope to avoid being flagged for doctor shopping, making it easier to obtain controlled substances without detection.
Example: A person provides a false name, address, and other identifying details when visiting a new doctor. The doctor writes a prescription for OxyContin despite the fact that the person has already received the same prescription from another doctor at a different clinic. Since the doctor cannot access the patient’s real medical records, they are unaware that the individual has been prescribed the same medication by another provider.
This method of doctor shopping is designed to evade the healthcare provider’s efforts to track a patient’s prescription history, making it easier to obtain multiple prescriptions.
5. Attempting to Obtain Prescription Drugs Without the Intent to Fill Them
In some cases, a person may engage in doctor shopping with the intention of obtaining a prescription, but they may decide not to fill the prescription at the pharmacy. Even if the prescription is never picked up, the individual can still be charged with doctor shopping if their intent was to unlawfully acquire the medication.
Example: A person visits a doctor and convinces them to write a prescription for Demerol after falsely claiming to have severe pain. After receiving the prescription, the person has a change of heart and decides not to pick it up from the pharmacy. Despite not obtaining the drugs, they can still be charged with doctor shopping for attempting to get the prescription under false pretenses.
This is a key point of doctor shopping law in California: the act of attempting to obtain prescription drugs, even without following through, is still considered a criminal offense.
6. Feigning Mental Health Disorders to Obtain Prescription Medication
Patients may also attempt to obtain controlled substances like Xanax or Valium by feigning a mental health disorder such as anxiety or depression. In some cases, individuals may go so far as to visit multiple psychiatrists, claiming they need the medication for mental health reasons when, in reality, they are simply looking to misuse the drugs.
Example: A person visits several psychiatrists in different areas, claiming they suffer from debilitating anxiety. They request prescriptions for Xanax, deliberately omitting the fact that they have already been prescribed the same medication by another psychiatrist. By seeing multiple doctors, they increase their chances of obtaining a prescription.
This form of doctor shopping is particularly concerning because it involves the manipulation of mental health professionals, who are trained to assess and treat patients for psychological conditions.
7. Misleading Doctors by Concealing Current Medication Use
A common tactic used in doctor shopping is to omit the truth about current prescription drug use. Patients may intentionally conceal that they are already taking a controlled substance prescribed by another doctor in order to obtain additional prescriptions.
Example: A patient seeking medication for Hydrocodone for chronic pain may fail to tell a new doctor that they are already taking Vicodin, which contains the same active ingredient. The new doctor, unaware of the ongoing prescription, may write a prescription for Hydrocodone, thus allowing the patient to misuse the medication.
3. What are the penalties for Doctor Shopping?
Doctor shopping is a criminal offense in California that involves attempting to obtain prescription medications through deceit, misrepresentation, or concealment of material facts. Typically, individuals engage in doctor shopping to secure controlled substances, such as painkillers, without a legitimate medical need. This illegal practice is prosecuted under Health & Safety Code Section 11173 HS, and the penalties for doctor shopping can be severe, ranging from misdemeanor charges to felony convictions depending on the circumstances of the case.
In this article, we will explore the potential penalties for doctor shopping in California, the factors that influence the severity of the charges, and why it is crucial to seek legal representation if you are facing such charges.
Misdemeanor Penalties for Doctor Shopping
Doctor shopping in California is considered a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the facts of the case. For individuals charged with doctor shopping as a misdemeanor, the penalties may include:
Up to 1 year in county jail (or summary probation)
A fine of up to $1,000
If convicted of a misdemeanor, you may be sentenced to jail time, probation, or both. In some cases, the court may allow the defendant to serve their sentence on probation instead of serving time in jail. However, the consequences of having a criminal record can be long-lasting, including difficulties finding employment or housing.
Felony Penalties for Doctor Shopping
If the prosecutor decides to charge the defendant with felony doctor shopping, the penalties can be significantly more severe. Felony penalties for doctor shopping under Health & Safety Code 11173 HS can include:
16 months, 2 years, or 3 years in county jail (or formal probation)
A fine of up to $20,000
A felony conviction for doctor shopping carries serious consequences that can significantly affect your life. In addition to the possibility of prison time, a felony conviction creates a permanent criminal record, which can result in long-term consequences such as the loss of voting rights, difficulty finding employment, and restrictions on gun ownership.
Factors That Influence Whether Doctor Shopping Is Charged as a Misdemeanor or Felony
Since doctor shopping is a wobbler offense, the severity of the charges depends on several factors, including:
The Defendant’s Criminal Record: If the individual has a history of criminal offenses, particularly related to drug crimes or fraud, the prosecutor may be more likely to charge doctor shopping as a felony. A history of similar offenses may suggest to the prosecutor that the defendant is a repeat offender or that they have a pattern of criminal behavior.
The Amount of Controlled Substances Involved: If the defendant is caught attempting to obtain a large quantity of controlled substances or has multiple prescriptions for the same drug from different doctors, the prosecutor may charge the offense as a felony. The more drugs involved, the more serious the charge is likely to be.
The Intent Behind the Doctor Shopping: If it is clear that the defendant was attempting to obtain drugs for illegal purposes, such as drug trafficking or distribution, the prosecutor may be more inclined to pursue felony charges. If the defendant was only attempting to get a small quantity of medication for personal use and has no history of criminal behavior, misdemeanor charges may be more likely.
Whether the Individual Has a Drug Addiction: In some cases, the prosecutor may consider the defendant’s intent to be crucial in determining whether the offense is a misdemeanor or felony. If the defendant was doctor shopping due to a substance use disorder or addiction, their legal defense team might argue for a lesser penalty. However, this may not always affect the final charge, and addiction does not excuse the criminal behavior.
Other Potential Consequences of Doctor Shopping
In addition to criminal penalties, individuals convicted of doctor shopping in California may face other significant consequences:
Probation: If you are sentenced to probation, you will be required to comply with strict conditions, including regular drug testing, attending counseling, and refraining from illegal drug use. Violating probation terms can result in additional criminal charges and further penalties.
Loss of Medical Privileges: If the defendant is a healthcare professional, being convicted of doctor shopping can result in the loss of their medical license. This would prevent them from practicing medicine, which could have a devastating effect on their career and livelihood.
Ineligibility for Drug Diversion Programs: California offers drug diversion programs for certain offenders as an alternative to jail time, particularly for those with substance use disorders. However, doctor shopping charges are typically ineligible for these programs, making it more difficult for defendants to seek treatment in lieu of criminal punishment.
Damage to Reputation and Employment: A conviction for doctor shopping can significantly harm a person’s reputation, especially if they work in the medical, legal, or other professional fields. A criminal record may make it difficult to find or maintain employment and could affect relationships with family and friends.
4. What are legal defenses for Doctor Shopping?
Doctor shopping, a criminal offense under Health & Safety Code Section 11173 HS in California, involves attempting to obtain controlled substances by misleading healthcare providers or concealing important information. If charged with doctor shopping, it’s important to understand that there are various legal defenses available that can help you fight the charges or reduce the severity of the penalties.
In this article, we will explore the common legal defenses used in doctor shopping cases, how they work, and how they may be used to defend against these charges. It is crucial to consult with an experienced criminal defense attorney to determine which defense strategy is most applicable to your case.
1. No Fraud Was Committed
One of the most common defenses to doctor shopping is the argument that no fraud or misrepresentation occurred. For a person to be convicted of doctor shopping under Health & Safety Code 11173 HS, the prosecutor must prove that the individual knowingly attempted to obtain a prescription for a controlled substance through deceit or concealment of material facts.
Key Points of This Defense:
Lack of Deceit: The defendant might argue that they were not lying or intentionally misleading doctors. For example, they may have genuinely forgotten they received a prescription for the same drug from another doctor.
Unintentional Misrepresentation: A defendant might claim they inadvertently provided inaccurate information without intending to defraud the doctor. For example, they may not have been aware that the information they provided was misleading or incomplete.
This defense can be especially effective when there is no clear evidence that the defendant had fraudulent intent. Without proof of deceit, the prosecutor’s case for doctor shopping is weakened.
2. Lack of Knowledge or Intent
Another defense strategy is to argue that the defendant did not have the knowledge or intent to commit doctor shopping. Under California law, the prosecution must prove that the defendant knowingly engaged in doctor shopping. If there was no intent to obtain drugs through deceit, this can be a valid defense.
Examples:
Unaware of Multiple Prescriptions: A defendant may claim that they did not realize they were receiving prescriptions from multiple doctors for the same drug. If they were not aware that they were doctor shopping, this could potentially weaken the prosecution’s case.
Seeking Legitimate Medical Treatment: A defendant might argue that they were genuinely seeking treatment for a medical condition and did not intend to deceive any doctor. For example, a person might have visited several doctors in search of appropriate treatment for chronic pain, not realizing that their behavior could be construed as doctor shopping.
If the defendant can show that they did not intentionally deceive the doctors or that they did not know they were committing a crime, the charges may be reduced or dismissed.
3. Entrapment
Entrapment occurs when law enforcement officers induce or coerce a person into committing a crime that they otherwise would not have committed. If you were pressured by undercover police officers or other law enforcement agents to engage in doctor shopping, you may be able to use an entrapment defense.
Key Elements of Entrapment:
No Predisposition to Commit the Crime: For an entrapment defense to succeed, the defendant must show that they were not predisposed to commit doctor shopping. This means that the defendant would not have attempted to obtain prescriptions fraudulently if it weren’t for the actions of law enforcement.
Law Enforcement Coercion: The defense may argue that the defendant was coerced into obtaining prescriptions or visiting multiple doctors because of police pressure or manipulation.
If the defense can prove that law enforcement entrapped the defendant into committing doctor shopping, the charges may be dismissed.
4. Unlawful Search and Seizure
If law enforcement obtained evidence against you through an illegal search, your attorney can file a motion to suppress that evidence. Under the Fourth Amendment of the U.S. Constitution, individuals are protected from unreasonable searches and seizures. If law enforcement did not follow proper legal procedures when obtaining evidence related to doctor shopping, the evidence may be inadmissible in court.
Key Points of This Defense:
Violation of Fourth Amendment Rights: If police failed to obtain a warrant or did not have probable cause to search your home, medical records, or personal belongings, any evidence obtained through that search may be excluded from trial.
Suppressed Evidence: If the court agrees to suppress evidence obtained through an unlawful search, the prosecution may be forced to drop the charges or reduce them due to the lack of evidence.
This defense can be highly effective if the prosecution relies heavily on evidence obtained through illegal means.
In some cases, a medical necessity defense may be raised. This argument suggests that the defendant needed the controlled substance for a legitimate medical purpose and that they did not have fraudulent intentions in seeking the prescription.
Key Elements of This Defense:
Legitimate Medical Need: The defendant may argue that they required the prescription medication for pain management or another medical condition and sought multiple prescriptions in good faith.
Doctor’s Judgment: The defense could argue that the doctors involved in prescribing the medication made a mistake in evaluating the patient’s medical needs, leading to the prescription of controlled substances.
While this defense is not commonly used in doctor shopping cases, it can be effective if there is evidence to support the claim that the medication was needed for legitimate medical reasons.
6. Inaccurate Medical Records
Sometimes, the defense may argue that inaccurate medical records were used against the defendant. If the doctor who prescribed medication failed to properly document the treatment or overlooked important details about the defendant’s medical history, it could lead to charges of doctor shopping based on incomplete or inaccurate information.
Example:
Mislabeled Prescriptions: A defendant might argue that their medical records were inaccurately updated, leading to an unintentional overlap of prescriptions. For instance, they might have received prescriptions from different doctors who were unaware of each other, but the doctor shopping was based on inaccurate information.
If the medical records can be proven to be inaccurate or misleading, the charges against the defendant may be lessened or dropped.
7. Prescription Error or Oversight by Healthcare Provider
A prescription error made by a healthcare provider could also serve as a defense. If a healthcare provider wrote prescriptions without realizing that they were prescribing the same controlled substance as another doctor, the defendant may be able to argue that they were not engaging in fraudulent behavior.
Key Elements of This Defense:
Carelessness or Mistake: If the defendant can demonstrate that the prescriptions were written due to a mistake or negligence by the doctor, it could help to refute the fraud charges.
No Intent to Deceive: The defendant might argue that there was no intent to deceive or manipulate the system, as they genuinely sought medical help and were not involved in fraud.
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