Under California Business and Professions Code (B&P) 725(b), excessive prescribing of drugs is a criminal offense. This law is designed to prevent medical professionals from overprescribing medications beyond what is considered medically necessary. Excessive prescribing can lead to serious public health concerns, including addiction, drug abuse, and overdoses.
In California, B&P 725(b) is classified as a misdemeanor, meaning it carries potential criminal penalties that can impact a healthcare provider’s license and professional reputation.
What Constitutes Excessive Prescribing?
A healthcare provider may be charged under B&P 725(b) if they:
- Prescribe medication in amounts that exceed what is medically justified.
- Provide prescriptions without conducting proper medical evaluations.
- Issue unnecessary prescriptions to patients, sometimes for financial gain.
- Repeatedly prescribe controlled substances to individuals with known drug dependency issues.
The law primarily applies to physicians, dentists, podiatrists, and other medical professionals authorized to prescribe medications.
Penalties for Violating B&P 725(b)
Since excessive prescribing of drugs is classified as a misdemeanor, potential penalties may include:
- Jail time: Up to six months in county jail.
- Fines: Up to $1,000.
- Probation: The court may impose probation with conditions such as restrictions on prescribing authority.
- License suspension or revocation: The California Medical Board or other relevant licensing agencies may take disciplinary action, which could result in a suspension or permanent loss of the professional’s license.
Defenses to Excessive Prescribing Charges
Medical professionals facing charges under B&P 725(b) may be able to present legal defenses, including:
- Medical necessity: The prescriptions were within the standard of care for treating the patient’s condition.
- Lack of intent: The prescribing was not done with criminal intent or negligence.
- Clerical or record-keeping errors: In some cases, errors in medical records or pharmacy documentation can create misunderstandings regarding prescription practices.
Related Crimes
Several other California laws regulate prescription drug practices, including:
- B&P 2052(a): Unauthorized practice of medicine.
- B&P 4324(a): Forgery of a prescription (Felony).
- Health & Safety Code 11153: Prescribing controlled substances outside professional practice.
Legal Help for B&P 725(b) Charges
If you are facing charges for excessive prescribing of drugs under B&P 725(b), it’s crucial to seek legal guidance. At KN Law Firm, we defend healthcare professionals against criminal allegations that could impact their careers and freedom. Call us at (888) 950-0011 for a free consultation and protect your rights.
