Excessive Prescribing of Drugs: BPC 725(b)
Being investigated by a medical board, or charged criminally over your prescribing practices, puts your license, your livelihood, and your freedom directly at risk. If this is happening to you or someone you care about, the decisions you make in the coming days can shape the outcome of your case. At The Law Offices of Arash Hashemi, we have spent over 20 years defending healthcare professionals and other Los Angeles clients facing serious criminal allegations, and we move quickly to protect your rights and your career. Call (310) 448-1529 or schedule a free consultation online to discuss your case today.
What Does BPC 725(b) Actually Prohibit?
California Business and Professions Code Section 725(b) makes it a crime for a licensed medical professional, such as a physician, dentist, optometrist, nurse practitioner, or similar provider, to repeatedly prescribe or administer drugs or treatment in amounts that are clearly excessive. This is not a law about a single bad judgment call. It targets patterns: providers who, over time, issue high-volume or high-risk prescriptions without a legitimate medical basis.
To convict someone under this statute, prosecutors must prove each of the following elements beyond a reasonable doubt:
- You are a licensed provider authorized to prescribe, dispense, or administer medication
- You actually prescribed, administered, or dispensed the drugs or treatment in question
- The dosage or frequency was clearly excessive compared to the accepted standard of care in your medical community
- The conduct occurred repeatedly, rather than as a single, isolated incident
What Counts as “Clearly Excessive”?
This phrase decides most cases. California law does not set a fixed number of pills or prescriptions that automatically qualifies as excessive. Instead, prosecutors typically rely on your patient charts, prescribing history, and comparisons to how other providers in your specialty practice, often flagged first through the state’s prescription drug monitoring system. A single miscalculated dosage or one unusually large prescription written for a legitimate reason is not enough on its own to support a conviction. What can become a case is a documented pattern, such as routinely prescribing high-strength narcotics without exams, follow-up care, or clinical justification.
The law also builds in two important protections. You are not subject to prosecution if you had a genuine medical basis for your prescribing decisions, or if you were treating a patient for intractable, chronic pain in compliance with California’s pain management guidelines, even if the dosages appear high on paper.
How Prosecutors Build the Case
Because every medical case involves unique clinical facts, prosecutors and board investigators do not rely on a single formula. Instead, they typically build their case around three types of evidence, and it is common for them to add related charges along the way, such as prescribing to a patient with a known addiction (HSC 11156), dispensing drugs without a legitimate medical purpose (HSC 11153), or violating drug labeling requirements (BPC 4076):
- Patient Medical Charts: reviewing detailed treatment histories, dosage records, and clinical progress notes
- Prevailing Community Standards: comparing your prescribing patterns against regional medical guidelines
- Specialty Standards of Care: evaluating whether the frequency or volume of medication aligned with accepted protocols for the patient’s specific condition
Penalties You’re Facing
A conviction under BPC 725(b) is charged as a misdemeanor, but the consequences extend well beyond the criminal court, and for most healthcare professionals, the licensing board fallout carries a heavier long-term cost than the criminal sentence itself. If convicted, you could face:
- Between 60 days and six months in county jail
- A criminal fine ranging from $100 to $600
- Court-ordered summary probation
- A separate disciplinary review by your licensing board, which can result in suspension or permanent revocation of your medical license
Criminal Court Isn’t Your Only Battle
Excessive prescribing allegations are frequently handled on two separate tracks at the same time, and a strong defense has to account for both, since resolving one does not automatically resolve the other. Here is how the two tracks compare:
| Track | Handled By | Standard of Proof | Possible Outcome |
|---|---|---|---|
| Administrative (BPC 725(a)) | Medical, Nursing, or Dental Board | Clear and convincing evidence | License suspension, reprimand, or revocation |
| Criminal (BPC 725(b)) | County District Attorney or State Attorney General | Beyond a reasonable doubt | Jail time, fines, and a criminal record |
How We Defend These Cases
Every case turns on its own facts. Our criminal defense attorney starts by reviewing your prescribing history, patient charts, and the specific allegations against you before mapping out how to approach your defense, since the right strategy for a solo practitioner accused of a handful of prescriptions looks very different from the right strategy for a clinic-wide audit. From there, several approaches come up regularly in excessive prescribing cases:
- Working with independent medical experts to show your prescribing decisions were medically justified and consistent with an accepted standard of care
- Challenging the “repeated acts” element when the government’s case relies on a single chart or a handful of isolated mistakes rather than an established pattern
- Demonstrating that a patient misrepresented their symptoms or medical history to obtain medication, undercutting any claim of improper intent
- Reviewing whether the investigation itself followed proper procedure before your records or statements were used against you
Frequently Asked Questions
Can a nurse practitioner or physician assistant be charged under BPC 725(b)?
Yes. The statute applies to any licensed professional with authority to prescribe or administer medication, not only physicians. Nurse practitioners, physician assistants, dentists, optometrists, and several other licensed providers can all be charged if prosecutors believe their prescribing pattern was clearly excessive. The specific defenses available, however, can differ depending on your scope of practice and the level of independent prescribing authority your license allows.
Will I automatically lose my license if I’m charged?
No, not automatically. A criminal charge and a licensing board action are separate proceedings, and a board investigation can move forward on its own timeline regardless of what happens in criminal court. Ignoring the board side of your case while focusing only on the criminal charge is a common and costly mistake.
What if this was a single mistake rather than a pattern?
The statute requires repeated acts, so an isolated error is a meaningful defense, though not a guarantee of dismissal on its own.
Should I speak with investigators before contacting a lawyer?
We would strongly advise against it. Statements made during a medical board audit, an interview with investigators, or even an informal conversation intended to explain your side can be used as evidence later, regardless of your intentions when you said them. Prosecutors and board investigators are trained to build a case around exactly these kinds of statements, which is why speaking with a defense attorney before any formal or informal interview is one of the most protective steps you can take.
Why Choose The Law Offices of Arash Hashemi?
When your career, license, and personal freedom are on the line, you need a defense team with deep trial experience in Los Angeles courtrooms.
- 20+ Years of Criminal Defense Experience: Lead attorney Arash Hashemi has successfully defended clients against complex state charges, federal investigations, and felony drug allegations. Review our proven track record on our Case Results page.
- Comprehensive Practice Area Defense: We handle everything from medical board inquiries and prescription fraud allegations to complex violent felonies and post-conviction relief. Explore our full range of services on our Practice Areas page.
- Direct Pre-Trial Intervention: We work directly with prosecutors and board investigators during early audit stages to present expert medical chart evaluations—aiming to resolve allegations long before formal charges are filed in court.
Talk to a Los Angeles Defense Attorney Today
If you are facing a licensing board investigation or criminal charges under BPC 725(b), the earlier an experienced defense attorney gets involved, the more options you typically have. Attorney Arash Hashemi will review your prescribing records, patient charts, and any correspondence from investigators or your licensing board to identify the strongest defense for your specific charge, and will coordinate with independent medical experts when needed to support your case. At The Law Offices of Arash Hashemi,, we bring more than two decades of trial experience defending healthcare professionals whose careers and freedom are on the line, and we can start reviewing your case today. Call (310) 448-1529 or schedule a free consultation online.
Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.
