Prescription Fraud and Controlled Substance Violations
Nurse practitioners in California are authorized to prescribe controlled substances under a supervising physician’s protocol. However, any misuse of that authority can lead to felony charges.
You could face criminal allegations under:
- Health & Safety Code § 11153 – Prescribing controlled substances without a legitimate medical purpose.
- Health & Safety Code § 11350 / § 11377 – Possession of controlled substances without a valid prescription.
- Business & Professions Code § 4324 – Forging or altering prescriptions.
Common scenarios include writing prescriptions without performing a proper patient exam, issuing medications for non-therapeutic purposes, or allowing others to use your DEA number. Even clerical errors or miscommunications with pharmacies can trigger investigations. These cases are often aggressively pursued due to the opioid crisis and increasing scrutiny on medical providers.
Sexual Misconduct with Patients
Allegations of inappropriate conduct with patients can lead to devastating criminal charges, even when the evidence is largely circumstantial.
Relevant statutes include:
- Penal Code § 243.4 – Sexual battery.
- Penal Code § 261 / § 289 – Rape or unlawful sexual penetration.
- Penal Code § 647.6 – Molestation or annoyance of a minor.
Nurse practitioners in settings like women’s health, pediatrics, or mental health may be particularly vulnerable to false or exaggerated claims due to the intimate nature of patient interactions. A moment of misinterpreted behavior, or an accusation from a disgruntled patient, can escalate quickly into a criminal case.
Theft, Fraud, and Financial Crimes
For NPs working in healthcare facilities, having access to billing systems, patient accounts, or facility finances can open the door to accusations of fraud or theft.
You may be charged under:
- Penal Code § 484 / § 487 – Theft (grand theft if over $950).
- Penal Code § 470 – Forgery.
- Welfare & Institutions Code § 14107 – Medi-Cal fraud.
Examples include claims you billed for services not rendered, manipulated time logs, or signed off on documents with someone else’s name. In some cases, you may be implicated due to administrative errors or actions taken by staff under your supervision. Regardless of intent, these allegations are serious and can lead to both felony prosecution and restitution demands.
Abuse or Neglect of Vulnerable Patients
Criminal charges can arise if a patient in your care suffers injury or neglect, especially in elder care, pediatric, or long-term care settings.
Applicable laws include:
- Penal Code § 368 – Elder abuse.
- Penal Code § 273a – Child endangerment.
- Penal Code § 242 / § 243 – Battery or unlawful use of force.
Claims of rough handling, neglecting symptoms, or failing to respond to emergencies can lead to prosecution, even when there was no malicious intent. In high-pressure environments, decisions made under stress are often unfairly judged in hindsight, especially when an adverse outcome is involved.
Failure to Report Abuse (Mandatory Reporting Violations)
As a nurse practitioner, you are a mandatory reporter under California law. Failure to report suspected abuse—especially involving children, elders, or dependent adults—can itself be a crime.
- Penal Code § 11166 – Failure to report child abuse.
- Welfare & Institutions Code § 15630 – Failure to report elder or dependent adult abuse.
You could face misdemeanor charges if it’s determined that you knew—or reasonably should have known—about abuse and failed to make a report. These situations can be legally complex, particularly when the signs of abuse are ambiguous or the patient is reluctant to disclose details.
Identity Theft and Privacy Violations
With access to confidential patient data and electronic systems, nurse practitioners can be charged with identity-related crimes if data is mishandled or misused.
Relevant statutes:
- Penal Code § 530.5 – Identity theft.
- Penal Code § 502 – Unauthorized access to computer systems.
An NP may be accused of accessing records without authorization, using patient information for personal gain, or allowing credentials to be misused. You may be named in an investigation due to your supervisory role or electronic footprint, even if you were unaware of improper access.
Common Defense Strategies for Nurse Practitioners
While being charged with a crime in your role as an NP can be stress-inducing to say the least, a seasoned criminal defense attorney can deploy several strategies to fight the charges. Common strategies may include (but are not limited to):
- Lack of criminal intent – Many healthcare-related charges hinge on intent. Demonstrating that an act was accidental, misinformed, or administratively driven can be key.
- Challenging the evidence – Whether it’s an altered prescription or a complaint by a patient, we analyze the credibility of the accuser, inconsistencies in documentation, and the timeline of events.
- Showing compliance with protocols – We may present evidence that you followed supervising physician guidelines, facility policies, or industry norms.
- Highlighting mitigating circumstances – Stressful conditions, unclear communication from management, or poor training can all be used to reduce culpability or severity.
- Suppressing unlawful searches or seizures – If your home, computer, or medical office was searched without proper legal procedure, we may seek to suppress that evidence entirely.
If you are a nurse practitioner facing criminal allegations in Los Angeles or other parts of Southern California, you don’t have to navigate this alone. Criminal charges can derail your career, damage your reputation, and lead to life-altering consequences. We will work on your behalf to minimize the risks to your freedom and your future. Call our offices to schedule a consultation.