Administering a Controlled Substance to an Addict

Health and Safety Code 11156 HSC

Health and Safety Code 11156 HSC – Overview

It is unlawful for a person for any medical professional to administer, or dispense, a controlled substance to an addict, or another that represents him or herself as an addict.

What controlled substances apply as referenced for a violation under Health and Safety Code 11156 HSC?

The controlled substances of reference are all Category I, II, and III substances in the California Health and Safety Codes 11054 to 11058 HSC.

Specifically, what medical practitioners are referenced under Health and Safety Code 11156 HSC?

The list of medical professionals that can proscribe a treatment without a violation of Health and Safety Code 11156 HSC are: Physicians, Dentists, Podiatrists, Veterinarians, Neuropathologist, RNs; a Certified Nurse Midwife; Physician Assistants; and Psychiatrists.

What is the definition of the terms administering or dispensing under Health and Safety Code 11156 HSC?

The term administering or dispensing means a direct application of a controlled substance by injection, inhalation, ingestion, or any other means to the body of a patient for immediate needs during the course of the medial professional’s practice as determined by relevant education and permittance under license.

Is there an exception to the term administering or dispensing under Health and Safety Code 11156 HSC?

Yes. Prescribing. A medical professional can prescribe a controlled substance to an addict and not violate this statute.

What is the definition of the term addict under Health and Safety Code 11156 HSC?

The term addict as defined under Health and Safety Code 11156 HSC, is a person characterized as having: impaired control over drug use; compulsive use; overriding need to use despite a continuing harmful effect to themselves due to use of a controlled substance.

Is there an exception to the definition of addict under Health and Safety Code 11156 HSC?

Yes. The term addict does not apply to a person who uses a controlled substance to alleviate pain, or discomfort to bodily functions that significantly are not associated originally to use of the controlled substance itself.

What is the mental state required for a violation of Health and Safety Code 11156 HSC?

The mental state required for a violation of Health and Safety Code 11156 HSC is knowingly. Knowingly is a conscious awareness and desire to complete a task, act or objective; and reasonably understand from an objective standpoint the natural and probable consequence of any circumstance that might result in achieving the task, act or objective completion. As applied under Health and Safety Code 11156 HSC, the State must prove beyond a reasonable doubt that the accused is a qualified medical professional that is licensed in the State of California and lawfully permitted to administer medications of treatment; that the medical professional can administer controlled substances for treatment in the State of California; and that the accused despite this was consciously aware that in the course of the accused’s practice that he met an addict in the course of his profession for medical assessments and evaluation and determined the patient as an addict, and as a result of this awareness, also consciously desired to administer a controlled substance to assist the patient’s addiction understanding the all circumstances that might result.

Health and Safety Code 11156 HSC – Sentencing

The penalty for a violation of Health and Safety Code 11156 HSC is charged as a misdemeanor or felony. As a misdemeanor, the penalty is confinement not exceeding 1 year in jail with fines not exceeding $1000 dollars. As a felony, the penalty is confinement not exceeding terms of 16 months, 2 years, 3, or 6 years in prison; with fines not exceeding $20,000 dollars.

What is an example of a violation of Health and Safety Code 11156 HSC?

Dr. Tanya is a physician at St. Mary’s. James came into her office for his usual appointment. James is a trucker for an aerospace company and under government contract with Raytheon and General Dynamics. He transports fab wafers and semiconductors on large scale projects. When James came into the office, he asked Dr.Tanya if he could get more Desoxyn to stay awake for his weekly haul because he is not feeling well and has not had Desoxyn in days. Without evaluation or justification, Dr. Tanya administered the same dose which is 800 mg by injection. After the injection James left for work. The higher than usual dosage, caused James to run over a pedestrian at a crosswalk. After an investigation by the police, James was detained and taken to the police station. His toxicity levels were tested and showed extreme levels of Desoxyn. James implicated Dr.Tanya. Dr.Tanya was arrested.

Health and Safety Code 11156 HSC – Defending

Misrepresentation of Fact – The accused did not know that the patient was not an addict due to the addict’s ability to conceal their traits during intake, and the evaluation.
Placebo Effect – The accused did not administer a controlled substance but provided a novelty drug to manipulate the patients coaxing the needed feeling associated with a desired narcotic or controlled substance.