Doctor shopping is a term that comes up frequently in California drug-related criminal cases — but most people do not fully understand what it means or how quickly an innocent situation can be misread as a crime. In simple terms, doctor shopping refers to the practice of visiting multiple doctors or pharmacies to obtain prescription medications beyond what any single provider would prescribe. Under California Health and Safety Code Section 11173, this conduct is a criminal offense that carries serious consequences — even when the person involved genuinely believed they were acting within the law.
If you or someone you love is facing charges under HS 11173, understanding what the law actually says, what behaviors it targets, and what defenses are available is the essential first step. This guide walks through all of it.
What Is Doctor Shopping?
At its core, doctor shopping involves obtaining or attempting to obtain a controlled substance prescription from more than one practitioner without disclosing to each provider that you are already receiving the same or a similar prescription from another. The intent behind the law is to prevent people from accumulating large quantities of controlled substances by exploiting a system that relies on honest communication between patients and their healthcare providers.
The term itself is somewhat informal — the actual statute, Health and Safety Code 11173, uses the language “prescription fraud” and does not use the phrase “doctor shopping” at all. However, law enforcement, prosecutors, and defense attorneys all use the term to describe the same general conduct: obtaining multiple prescriptions for controlled substances through deception or omission.
It is important to understand that the crime is not simply visiting multiple doctors. People seek second opinions, transfer their care between providers, and consult specialists all the time — none of that is illegal. What the law targets is the deliberate concealment of existing prescriptions or the use of deception to obtain additional controlled substances. The intent to deceive is central to a valid prosecution under HS 11173.
What Are the Most Common Drugs in an HS 11173 Case?
Doctor shopping cases overwhelmingly involve prescription controlled substances in Schedule II through Schedule IV under California law. These are medications with recognized medical uses but significant potential for misuse and dependency. The most commonly involved drugs in HS 11173 prosecutions include:
- Opioid pain medications: Oxycodone (OxyContin, Percocet), hydrocodone (Vicodin, Norco), fentanyl, and morphine are among the most frequently cited drugs in doctor shopping cases. The opioid crisis has made law enforcement and prosecutors acutely attentive to patterns of multiple opioid prescriptions.
- Benzodiazepines: Medications like Xanax (alprazolam), Valium (diazepam), Klonopin (clonazepam), and Ativan (lorazepam) are prescribed for anxiety and panic disorders but are also highly sought for misuse and are frequently involved in prescription fraud cases.
- Stimulants: Adderall (amphetamine salts), Ritalin (methylphenidate), and similar medications prescribed for ADHD and narcolepsy appear in HS 11173 cases, often involving individuals who have multiple psychiatric providers.
- Muscle relaxants and sedatives: Drugs like carisoprodol (Soma) and cyclobenzaprine are sometimes involved, particularly in cases where a patient has multiple treating physicians for back or muscle conditions.
California’s Controlled Substance Utilization Review and Evaluation System (CURES) is a statewide prescription drug monitoring program that allows licensed prescribers and pharmacists to review a patient’s prescription history electronically. When a patient has multiple prescriptions for controlled substances across different providers, CURES flags the pattern — and law enforcement can access this data as part of an investigation.
Is It a Serious Crime in California?
Yes — doctor shopping under HS 11173 is treated as a serious criminal offense in California. It is a wobbler offense, meaning prosecutors have discretion to charge it as either a misdemeanor or a felony depending on the specific facts of the case, the defendant’s criminal history, and the quantity and type of controlled substances involved.
Even a misdemeanor conviction carries a real criminal record that can affect employment, professional licensing, and housing applications. A felony conviction carries consequences that can reshape the course of a person’s life — loss of voting rights, inability to possess firearms, and severe damage to professional and educational opportunities.
The fact that many people charged under HS 11173 have legitimate medical conditions and genuine prescriptions from their providers does not automatically protect them from prosecution. Prosecutors look at the pattern of conduct and the evidence of concealment or deception, not simply whether the person had a real medical need for the medications involved.
What Type of Conduct Is Prohibited Under HS 11173 Prescription Fraud?
California Health and Safety Code 11173 prohibits a range of conduct related to obtaining controlled substances through fraud, deceit, or misrepresentation. Specifically, the law makes it a crime to:
- Obtain or attempt to obtain a controlled substance or a prescription for a controlled substance by fraud, deceit, misrepresentation, or subterfuge.
- Make false statements in any prescription, order, report, or record required under the California Controlled Substances Act.
- Falsify or alter a prescription or written order for a controlled substance.
- Use a false name or address for the purpose of obtaining a controlled substance.
- Acquire or obtain possession of a controlled substance by misrepresenting oneself as a licensed healthcare practitioner.
In the context of what most people think of as doctor shopping, the most relevant provision is obtaining controlled substances by failing to disclose to each prescribing physician that you are already receiving prescriptions for the same substance from other providers. The prosecution must demonstrate that the defendant acted knowingly and with the intent to deceive — this is a critical element that an experienced defense attorney will scrutinize carefully.
California courts have held that simply seeing multiple doctors is not sufficient for conviction. The prosecution must prove that the defendant affirmatively concealed information or made a false representation. If a patient honestly disclosed their medications to each provider, or if the providers had access to the CURES database and chose not to check it, the element of deception may not be provable beyond a reasonable doubt.
What Are the Penalties for a Health & Safety Code 11173 Conviction?
As a wobbler offense, the penalties under HS 11173 depend significantly on how the case is charged:
Misdemeanor Conviction
- Up to one year in county jail
- Fines of up to $1,000
- Probation, which may include drug counseling or treatment requirements
- A permanent misdemeanor criminal record
Felony Conviction
- 16 months, 2 years, or 3 years in California state prison
- Fines of up to $20,000
- Formal felony probation
- Loss of professional licenses in many regulated fields
- Immigration consequences for non-citizens, which can include deportation or inadmissibility
- Permanent felony record with all associated collateral consequences
Beyond the direct criminal penalties, a conviction under HS 11173 can trigger professional licensing board investigations and sanctions for anyone holding a medical, nursing, pharmacy, dental, legal, or other regulated professional license. Many licensing boards treat prescription fraud convictions as grounds for suspension or revocation, regardless of the criminal sentence imposed.
Potential Defenses to HS 11173 Charges
Being charged is not the same as being convicted. Several defense strategies can be effective in HS 11173 cases:
- Lack of intent to defraud: If the defendant disclosed their existing prescriptions to each provider, or genuinely believed each provider had access to their full prescription history through CURES, the intent element may be challengeable.
- Legitimate medical necessity: Evidence that the defendant had a genuine, documented medical need that was not being adequately addressed by a single provider can be relevant to the defense narrative, particularly in cases involving chronic pain or complex medical conditions.
- Improper police investigation: Evidence gathered through unlawful searches, improper CURES database access, or violations of the defendant’s Fourth Amendment rights may be suppressible.
- Insufficient evidence of deception: If the prosecution cannot prove beyond a reasonable doubt that the defendant made false representations or knowingly concealed information, the case should not result in conviction.
- Diversion programs: California’s Proposition 36 and drug diversion programs may be available for defendants with substance use disorders, providing a path to treatment rather than incarceration.
Conclusion
Doctor shopping charges under HS 11173 are serious — but they are defensible. The law requires proof of intentional deception, and many people are charged in situations where the facts are far more nuanced than the prosecution’s initial framing suggests. Chronic pain patients, people managing complex mental health conditions, and individuals who genuinely did not understand the disclosure requirements have all faced these charges unfairly.
If you have been charged with doctor shopping or prescription fraud in Bakersfield or the surrounding Kern County area, you need an experienced California criminal defense attorney who understands the complexities of HS 11173 cases. The Law Office of the Bakersfield Defense Attorney represents clients facing all levels of drug-related charges and will work aggressively to protect your rights, challenge the evidence, and pursue the best possible outcome in your case. Contact us today for a confidential consultation — your freedom and your future are worth defending.
