Excessive Prescribing of Drugs

Medical professionals have a powerful, sometimes dangerous power in their hands. The ability to prescribe powerful yet highly addictive drugs. Considering there has been a growing trend in the United States of individuals abusing and getting addicted to prescription drugs. The fact that doctors and other medical professionals can legally recommend a highly addictive drug can be a risky power to have, that some medical professionals may be attempting to abuse. This is where the California Business and Profession Code Section 725(b) BPC statute comes in.

This statute makes it a crime for a medical professional such as a doctor or nurse to excessively prescribe drugs.

A good example of excessively prescribing drugs violating California Business and Profession Code 725(b) BPC is if a physician repeatedly prescribes a patient with medication that absurdly exceeds industry standards and he or she does this with no medical premise.

The specific wording of this statute states:

Any person who engages in repeated acts of clearly excessive prescribing or administering drugs or treatment is guilty of a misdemeanor.

“Person” in the BPC 725(b) statute refers to any individual legally allowed to prescribe the drug, such as physicians, dentists, or nurses.

Sentencing 

Excessive prescribing of drugs under Business and Profession Code 725(b) bPC is regarded as a misdemeanor offense. Thus those convicted under this statute could be sentenced to:

• A minimum of 60 days to a maximum of six months incarceration.
• A fine of a minimum of $100 or a maximum of $600

If convicted the defendant could also be facing disciplinary action from his or her licensing agency. This could even lead to his or her license getting suspended or revoked.

Related Crimes:

• False Statement To Obtain A Drug – California Business and Professions Code 4323 BPC
• Forging or Altering A Prescription – California Business and Professions Code 4324 BPC
• Prescribing a Controlled Substance Without a Legitimate Purpose – California Health and Safety Code Section 11153 HSC
• Prescribing a Controlled Substance Without Treatment – California Health and Safety Code Section 11154(a) HSC
• Prescribing Controlled Substances to an Addict – California Health and Safety Code Section 11156 HSC

Prosecuting 725(b) BPC 

To be found guilty under Business and Profession Code 725(b) BPC, the prosecutor must irrefutably prove that the defendant:

• Repeatedly prescribed, or administered drugs or treatment in clearly excessive amounts.

Establishing Excessive Amounts

Each charge under California Business and Profession 725(b) BPC is treated as unique. Thus the prosecutor will use the defendant’s prescription documentation, the customary practices, and the logical standard of care to prove whether the defendant’s prescriptions were excessive.

The prosecutor may also charge a person under investigation for excessive prescription of drugs with a wide range of crimes including:

• Prescribing/dispensing a drug to a drug addict
• Administering/ prescribing a drug without a legitimate medical reason
• Unlawful drug distribution
• Willingly dispensing a drug without proper labeling

All these charges come with their own additional charges that could prove a lot of trouble for the defendant if he or she is convicted.

Defenses to 725(b) BPC 

Being under investigation for charges under Business and Professions Code 725(b) BPC can seem like a scary affair. Nonetheless, there are some defense strategies that a criminal defense lawyer can use to challenge these charges and get them dismissed or at the very least reduced.

Not an Excessive Amount

Remember to be found guilty under BPC 725(a). The prosecutor must prove that the defendant prescribed or administered an excessive amount of drugs, depending on the facts of the case and the industry-recommended standards. If the defendant had a medical basis for prescribing or administering the drugs in question. They can avoid a conviction under this statute.

Not a Repeated Action

The action of prescribing or administering a drug needs to be repeated for the defendant to be convicted under this charge. If the defendant can show that the excessive prescription was only an isolated occasion. Then they cannot be prosecuted under the California Business and Professions Code 725(b) BPC statute.

Excessive Prescription of Drugs – Hire Us 

Being under investigation for excessive prescription of drugs for violation of Business and Professions Code 725(b) BPC is a very grave matter. Considering that the accused could have their license suspended or even revoked. Hiring a knowledgeable criminal defense attorney should be your top priority.