Counterfeiting Prescription Blanks

Health and Safety Code 11162.5 HSC

Health and Safety Code 11162.5 HSC – Overview

It is unlawful for any person to knowingly counterfeit a prescription script or blank, or knowingly possess more than three counterfeited prescription blanks.

What is the definition of counterfeiting as defined under Health and Safety Code 11162.5 HSC?

Defrauding means intending to misrepresentation or not disclosing a material fact of any manner for the purpose of having another rely on that misrepresentation or non-disclosure to their detriment for another’s person gain. Altering refers to intending to grossly change a characteristic or identity of a designation. Counterfeiting is the dissemination or distribution of a designation that is intended to be defrauded or altered to others for an unlawful purpose for another’s detriment for a personal gain. As applied to Health and Safety Code 11162.5 HSC, if the accused: writes on the prescription script a higher than usual dosage of medication required to treat a patient that ethical standards dictate; writes a prescription for medication that does not relate to the medication required to treat the patient that ethical standards dictate; assents to a forged signature of the medical professional not written by him in order to obtain medication not sought by treatment; or by hand of the accused (both patient and medical professional) makes, or possesses scanned copies or prescription scripts relating to ethical or unethical prescriptions of medication.

What is the definition of possession under Health and Safety Code 11162.5 HSC?

There is actual possession and constructive possession. Actual possession is a person’s knowledge that they are exercising direct physical control of an object. Constructive possession does not require physical control but requires a reasonable understanding that a person has a right to exercise control by themselves or through another person.

What is the mental state required for a violation under Health and Safety Code 11162.5 HSC?

The mental state required for a violation of Health and Safety Code 11162.5 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 11162.5 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 prescribe medication; that the medical professional can prescribe medication 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 forged, counterfeited or misrepresented information on a prescription script for a treating patient, and as a result of this awareness, also consciously desired the patient use this forgery, counterfeited or misrepresented prescription script; or the accused or his patient are in possession of those same forged, counterfeited or misrepresented prescription scripts, while objectively understanding the all circumstances that might result.

Health and Safety Code 11162.5 HSC – Sentencing

A violation of Health and Safety Code 11162.5 HSC can be charged as a misdemeanor of felony. If the accused possess 3 or less units of forged, counterfeited, or misrepresented scripts, the violation is charged as a misdemeanor. Penalties include confinement in jail, not exceeding 6 months, with fines not exceeding $1000 dollars. If the accused: writes on the prescription script a higher than usual dosage of medication required to treat a patient that ethical standards dictate; writes a prescription for medication that does not relate to the medication required to treat the patient that ethical standards dictate; assents to a forged signature of the medical professional not written by him in order to obtain medication not sought by treatment; or by hand of the accused (both patient and medical professional) makes, or possesses 3 or more scanned copies or prescription scripts relating to ethical or unethical prescriptions to medication, the violation is charged as a felony. Penalties include confinement terms of 16 months, 2, or 3 years in prison with fines not exceeding $10,000 dollars.

What is an example of a violation of Health and Safety Code 11162.5 HSC?

Dr. John does not nothing but see patients in his clinic. He is a psychiatrist that caters to the wealthy. His rate is $ 100 dollars for 30 minutes, $200 dollars for 1 hour. He sees 10 patients a day. He caters to private school kids. One of his patients, Harry , has been seeing Dr. John for 5 years and gets the same prescription for 30 100 mg pills of hydrocodone to take 1 per day. After this appointment with Harry of 30 minutes, Dr. John wrote the script and went to use the bathroom. When he came back, he caught Harry ripping 10 script pages from his notepad and placed them in his pocket. Harry’s parents pay Dr. John well, so his response was, “Just be a good lad and get into Georgetown”. Thereafter, Dr. John wrote one script for Harry. On the script was a prescription for 300 mg pills of hydrocodone to take 5 per day. When Harry went to the pharmacist, his assistant attempted to fill the order and saw the dramatic change, called Dr. John, who did not return her phone calls. The assistant called the police. The police not only, after an investigation, arrested Harry, but arrested Dr. John.

Health and Safety Code 11162.5 HSC – Defending

1.No consent/ Trespass/ Conversion – The prescription scripts were forged, counterfeited, misrepresented, and or possessed without the consent of the prevailing accused doctor and were initiated by an agent, or patient outside the awareness or correction of the accused.
2.Withdrawal – The accused made overt acts to repudiate the forgery, counterfeit, misrepresentation of the prescriptions made or possessed by attempted reclamation of the property or notification of the pharmacists prior to filling the prescription or police.