Counterfeiting or modifying a prescription is a white-collar crime, charged under the Business and Professions Code, Section 4324, and the Health and Safety Code, Section 11368.

If you or a loved one are charged with this offense, you risk losing your job, being fined, and spending years behind bars. This crime involves altering or forging a medical prescription to gain access to legally controlled substances or prescription medication fraudulently.

The charges for this crime can be against one or many people or institutions in the medical profession, which is why it is essential to understand the law if you are accused.

If you or someone close to you has been accused of forging or altering a prescription, it is crucial to consult with a qualified criminal defense attorney. A professional lawyer will help you deal with legal issues and determine the best defense approach to preserve your freedom.

At Monterey Criminal Attorney, we know how serious these charges are and what consequences they can bring to your life. Get in touch for professional legal defense.

An Overview of Business and Professions Code 4324

The primary section of California statute dealing with the crime of forging or altering a prescription is the Business and Professions Code (BPC) 4324. Under this law, counterfeiting or changing any prescription for any drug or medical device, whether for personal use or for another person, is unlawful. The law also covers anyone with a forged prescription in their possession, even if they did not produce it.

This statute covers several actions, including:

  • Forgery refers to the act of writing someone else’s name on a prescription.
  • Amending or altering any of the parts of a lawful prescription.
  • Manufacturing a fake pill.
  • Having a prescription you know was written fraudulently or having your prescription modified.

BPC 4324 is designed to fight prescription drug fraud and ensure that the controlled substances are given only to legitimate patients. Breaking this law is a misdemeanor or felony and can lead to imprisonment, fines, and suspension of your practice licenses if you are a medical practitioner.

To secure a conviction in a Business and Professions Code 4324 or Health and Safety Code 11368 case, the prosecutor must prove the crime's crucial elements beyond a reasonable doubt. These elements include:

  • Forgery: The prosecution has to prove that you either wrote a prescription, changed a genuine one, or used a fake prescription to get the drugs.
  • The prescription was for a controlled substance or medication: This means the prescription that was either altered or forged contained data on controlled substances and medication as described under California law.
  • You acted with intent: The prosecution must prove beyond reasonable doubt that you had a purpose to commit forgery or alteration to obtain drugs unlawfully. Simply being in possession of a forged prescription without knowing is not enough to deem you guilty. If you were found in possession of a forged prescription but were not aware of it, then you have not acted against BPC 4324 and HSC 11368, and your case should be dismissed.

If the prosecution cannot prove any of these elements beyond a reasonable doubt,  your defense may be able to get your charges reduced or dismissed.

Definition of a Prescription

A prescription is a written or electronic document signed by a licensed healthcare provider, such as a doctor or dentist, that permits a patient to take a specific drug. It often contains basic information about the patient, the drug, its doses, and how it should be used. Prescriptions also have an identification signature or digital endorsement by the prescribing healthcare provider.

In California, changing any part of this information is unlawful without permission. In fact, even such adjustments as changing dosage or refill amounts may be considered forgery in accordance with Business and Professions Code 4324. The law aims to curb unlawful access to drugs, especially controlled substances that tend to be abused or used to peddle drugs in the black market.

Defining Prescription Medication or Drugs Under BPC 4324

In Business and Professions Code 4324, “prescription drugs” or “medications” means any drug that cannot be sold without a valid prescription from a physician, surgeon, dentist, veterinarian, or other licensed health care provider.

Such substances are normally controlled substances because they are addictive or have negative effects on your body. Prescription substances include Schedule I and II substances (such as oxycodone) and other substances not under the Controlled Substances Act but which can only be prescribed by a doctor.

Most of the cases involving the use of forged or altered prescriptions involve controlled substances because of their propensity to cause addiction. However, even concerning  ‘non-controlled substances,’ changing the prescription is a violation of BPC 4324 and entails criminal liability.

Defining Utter

In legal terms, ‘utter’ means to knowingly pass or tender a forged document with the intent to defraud. If applied to prescription forgery, uttering means presenting a forged or altered prescription to any pharmacy or medical provider to receive medications unlawfully.

According to Business and Professions Code 4324, uttering a forged prescription is equally unlawful as creating or transforming it. Although you may not have physically written the document, you will be charged with the same criminal penalties if you were aware that the prescription was forged.

Defining Altering  of a Medical Prescription

Fraudulent modification or altering of a medical prescription means changing a legal prescription to deceive or obtain medicines illegally. Typical forms of alteration include:

  • Changing the kind of drug taken or increasing or decreasing its amount
  • Changing the amount of the drug
  • Adding unauthorized refills
  • The intentional provision of wrong information about the prescribing physician

Increasing or decreasing any substance to or from the prescription without prior consultation with the doctor is referred to as “altering” and is a criminal offense under Business and Professions Code 4324. It only takes slight modifications to turn a situation into a legal disaster.

Defining Forging a Prescription

In California, forging a prescription means changing, inventing, or mimicking a prescription in a bid to acquire controlled substances or other medications. This crime is described by the Business and Professions Code 4324, and it includes cases where you write another person’s name on a prescription, alter a genuine prescription without permission, or even write a fake prescription.

The crime of forging a prescription is either a felony or a misdemeanor, depending on the circumstances of your case, and has hefty consequences. These penalties are not only criminal but can also be civil, especially for those in the health care profession. The law prohibits using and distributing controlled substances for unsuitable purposes, and therefore, the law considers such allegations very seriously.

This illegal action can take several forms, including:

  • It may involve writing a prescription for Schedule II substances and making almost all of it up.
  • Unauthorized signing of a prescription pad bearing the identity of a licensed healthcare provider.
  • Falsifying a prescription by photocopying an original one and altering it to depict a different course altogether.

Defining Controlled Substances

Controlled substances refer to legal substances such as drugs or chemicals that are controlled and prohibited by the government because they are addictive or are likely to cause harm. In California, these substances are regulated by schedules provided for in the Controlled Substances Act.

Some controlled drugs include oxycodone, hydrocodone, Adderall, and Xanax. Each schedule represents how much control is placed on a specific drug. For example, Schedule I drugs are considered the most dangerous and, therefore, strictly regulated because of their high potential for abuse.

It is against the law to falsify or alter a prescription to acquire any controlled substance. The kind of controlled substance involved can also play a large role in determining the seriousness of your charges. This means that the higher the risk linked to the substance, the more severe the penalties that you are likely to face.

Understanding Health and Safety Code 11368

Health and Safety Code 11368 (HSC) deals with the crime of forging or altering a prescription for controlled substances. This statute complements Business and Professions Code 4324 and details the possible penalties and consequences you could face if you are convicted of this crime. Also, if you use forgery to obtain narcotics or drugs from a medical institution that could enhance your addiction to the drug, you could be violating HSC 22368

Under HSC 11368, it is illegal to:

  • Prescribe a controlled substance that a patient does not need or change the prescription of a controlled substance.
  • Have a fake prescription, knowing that the prescription is fake.
  • Attempt to use a forged prescription to get a controlled substance.

This law seeks to curb the abuse of prescription drugs and also will allow prescription-only controlled substances to be sold only with a proper prescription. If you are found guilty of violating HSC 11388, you could face severe penalties, including substantial fines and incarceration.

For the prosecution to secure a conviction, they must prove the following elements beyond a reasonable doubt:

  • You uttered, presented, modified, and forged a prescription and claimed that it was legal to receive the medication.
  • You obtained the controlled substances or narcotics through a falsified, modified, or forged prescription.
  • You gave a medical practitioner a prescription for narcotic medicines that carried a fictitious or forged signature.

Medicines that Cause Addictions

Some prescription drugs are highly addictive, and therefore, forgery or alteration of their prescriptions is a serious offense. Common categories of addictive medications include:

  • Opioids: These are usually used for control of pain and can cause dependence and addiction. These are oxycodone, hydrocodone, and morphine.
  • Benzodiazepines: Usually used for anxiety or sleeping disorders, these drugs (for instance, Xanax and Valium) may also be addictive.
  • Stimulants: Adderall, Ritalin, and other medications used for illnesses like ADHD have their legal status and can also be addictive if taken inappropriately.

The ease with which such substances can be accessed through fake prescriptions is a major concern to public health. Therefore, laws such as BPC 4324 AND HSC 11368 have been put in place to curb prescription drug fraud and misuse.

Elements of  the Forging or Altering a Prescription Crime

To secure a conviction for the crime of forging or altering a prescription, the prosecution has to show facts that would point to the unlawful conduct of the accused. These elements include the following:

  • You Administered, Altered, Obtained, or Attempted to Obtain Drugs through a Fake Prescription

The prosecution must prove that you knowingly changed some prescription or invented one to fill a prescription for drugs. This includes any alteration in the dose, the type of medication, or the number of refills allowed without the prescriber’s permission. Not only trying to fill the prescription differently but even attempting to use the altered prescription to get medication can lead to charges under BPC 4324 and HSC 11368.

  • You Were in Possession of Narcotics or Medicine Obtained through a Forged Prescription

Another way of establishing this crime was if you were found in possession of prescribed drugs or narcotics, which were procured through a prescribed fake document. The prosecutor will strive to prove that the prescription used was fake or issued without a proper prescription from the doctor.

  • You were Aware that the Prescription was Forged

In a prosecution for this kind of offense, the prosecutor must prove beyond reasonable doubt that you knew that the prescription was forged or fake when you sought to use it. Without this knowledge element, the case of the prosecution may suffer. This is an important part of developing their argument under Business and Professions Code 4324 as well as Health and Safety Code 11368.

Penalties for Violating Business and Professions Code 4324  and Health and Safety Code 11368

The crime of forging and altering a prescription can be charged as either a misdemeanor or a felony, depending on the surrounding circumstances. The specific penalties include:

  • Misdemeanor Charges: If you are convicted of a misdemeanor under Business and Professions Code 4324 or Health and Safety Code 11368, you could face up to 1 year in jail and be fined up to $1,000. You could also be sentenced to serve probation in lieu of jail time but with conditions.
  • Felony Charges: If the prosecution charges you with a felony, the penalties are more serious and could include imprisonment for up to 16 months, 2, or 3 years and fines of up to $10,000. It is also crucial to know that felony convictions have long-term impacts, such as loss of professional licenses or job opportunities. The judge could also sentence you to serve formal probation with conditions.

Other penalties may involve drug rehabilitation and community service, depending on the court’s ruling and the circumstances of your case.

Defenses to BPC 4324 and HSC 11368 Violation Accusations

Some of the defenses your attorney could employ to convince the judge to dismiss or reduce your penalties include the following:

You Did Not Know that the Medicines Were Obtained through Forgery

To be charged with the Business and Professions Code 4324 or Health and Safety Code 11368 violation, the prosecution must prove that you had special knowledge that the prescription was altered or forged. Without this element of knowledge, you cannot be held criminally liable.

Your lawyer could also use this defense if the prescription was changed by a third party, such as a pharmacist, a medical assistant, a friend, or any other person without your knowledge. For instance, if a prescription was made for you, but the dosage or the type of medication was changed, you could not have possibly known this.

Moreover, if you were ignorant of the changes and this was caused by some clerical or pharmacy mistake, your lawyer could still argue that you were not aware. Prescription systems commonly require several hands, and a slip between the prescriber and the pharmacy may lead to an amended prescription without you having engaged in criminal activity.

The Prescription in Question was Legal

You could argue that the prescription under discussion was quite legal. If the prescription was genuine and was given by a qualified medical practitioner, then you cannot be accused of forgery or altering a prescription. This defense can be backed by presenting the prescription or a letter from the prescribing doctor.

Under the Business and Professions Code 4324, a prescription can be considered lawful if a competent medical practitioner wrote it for a proper medical purpose. Here, the prosecution would have to convince the jury, beyond any reasonable doubt, that the prescription was not legitimate. In your case, if you can prove to the Court that the said medication was legally prescribed and that it was within the prescriptions of the law you possess, then your case could be dismissed.

Moreover, this defense becomes stronger if there are some mistakes made during the filing process at the pharmacy and you did not change the prescription in any way. Small procedural mistakes or simple miscommunication between the doctor’s office and the pharmacy are not crimes.

The Hospital or Doctor Made the Mistake

Misunderstandings between doctors and pharmacists can cause prescriptions to look fake or forged when, in fact, they are genuine. In such situations, you can justify the error as having occurred with the doctor or the hospital but not with you.

For example, a doctor may give a patient a medicine that has the wrong dose or fail to add some vital information. If the pharmacy fills the prescription based on this erroneous information and you were not aware of this. In that case, you should not be prosecuted under Business and Professions Code 4324 or Health and Safety Code 11368.

This defense is especially potent if the doctor or the prescribing facility admits that they made a mistake or if the paperwork accompanying your complaint says the doctor made a mistake.

Legal Authority to Give the Prescription

You could argue that you had a legal right to prescribe or issue the said medication. According to Business and Professions Code 4324, some healthcare workers, including doctors, nurse practitioners, and physician assistants, are allowed to prescribe drugs. If you occupy such status and are performing your tasks within the legal capacity of the practice, then the charges may not be applicable.

If you can present evidence that when the document was prepared, you had the necessary qualifications and authority to sign it, then the argument of forgery or alteration could be dismissed. This defense is especially helpful if the problem is confusion regarding your job description or experience.

If you were acting in a professional capacity and could show that the prescription process was legal and acceptable, this would greatly reduce the strength of the prosecution’s case.

You are a Victim of False Accusations

You could argue that you are a victim of frame and that you were falsely accused of forging or altering a prescription. You can be falsely accused out of misunderstanding, prejudice, or revenge, or even by a case of mistaken identity.

For example, an employee of the pharmacy or any other person who bears a grudge against you could decide to report you for prescription fraud even though, in the real sense, you did not engage in any wrongdoing. A minor error in paperwork might make the police think you had unlawful intentions when, in fact, you were clueless.

The essence of this defense is to offer material that will counter the allegation. This evidence could include an alibi who can vouch for you of being somewhere else during the time of the offense, testimonies from other witnesses, or even evidence to show that the prescription of the substance was legal and, therefore, the procurement was lawful.

Find a Criminal Defense Lawyer Near Me

Business and Professions Code 4324 and Health and Safety Code 11368 make forging or altering a prescription a severe crime with penalties for violation, including imprisonment, fines, and a criminal record.

These charges can impact your job, your image, and sometimes even your residency in the country. However, with a competent criminal defense attorney, you have many different options on how to defend yourself and your case.

At Monterey Criminal Attorney, we are aware of how prescription fraud cases work and are ready to provide you with legal assistance. No matter if the prescription was changed by accident, someone accused you of prescribing the drugs when you actually did not, or you had a right to prescribe the medication. We will build solid defenses based on your circumstances.

If you or someone close to you is in a situation where an attempt was made to forge or alter a prescription, do not hesitate to contact an attorney as soon as possible. Do not go through this process alone. Contact us today at 831-574-1791 so that we can discuss your case and start building your defense.