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Doctor Shopping Charges

Quite often prospective clients will contact my office with allegations or concerns of "doctor shopping." The term "doctor shopping" typically refers to a patient that obtains controlled substances from more than one, usually multiple, health care practitioners without the practitioner knowing that the person has other prescriptions.

California has a "general" fraud statute that adopts verbatim or with slight alteration the provision in the Uniform Narcotic Drug Act of 1932 or the Uniform Controlled Substances Act of 1970. Essentially these statutes prohibit someone from obtaining drugs by fraud, deceit, misrepresentation, subterfuge, or concealment of material fact.

Doctor shopping laws in California cover three areas:

  1. Laws Requiring a Physical Examination before Prescribing
  2. Laws Requiring Tamper-Resistant Prescription Forms
  3. Laws Setting Prescription Drug Limits

The statues that cover these three areas are the following: California Business & Professions Code § 2242; California Business & Professions Code § 2242.1; California Welfare & Institutions Code § 14132; Cal. Health & Safety Code § 11162.1; California Health & Safety Code § 11158 and California Health & Safety Code § 11200.

My practice has been dedicated to representing clients accused or under investigation for prescription fraud (doctor shopping). Contact Kern Law, APC today, and speak with me personally about your case.