On many occasions, we have represented clients who have run into difficulty with the Medical Board of California due to a doctor’s prescription pads being lost or stolen. Our clients ask us which steps to take next in such a situation. It is imperative that a physician who finds him or herself in this situation does not delay in taking swift and decisive action in order to avoid potential investigation and even discipline by the Medical Board of California.
The following steps should be taken without delay:
- Report the theft/loss to local law enforcement and strongly recommend that an incident report with that agency be taken to fully protect the physician moving forward. Doing so will provide evidence that any prescriptions written on that lost/stolen pad after the date of theft were not written by the physician making the theft report. To proceed to the next step, it is imperative the physician obtain a police report number.
- Pursuant to Health and Safety Code 11165.3, the theft/lost of any tamper resistant Rx forms must be reported by the physician to the Department of Justice (DOJ) and the CURES program no later than three days after the discovery of the theft/loss. You must have a police report number when submitting a report of lost/stolen prescription forms to the CURES system. This can be done by logging into the physician’s CURES account or by emailing email@example.com to request a form to file a report with the California DOJ. The CURES program can be reached by mail at P.O. Box 160447, Sacramento, CA 95816. You may also contact the CURES program by phone at (916) 210-3216.
- Immediately notify the California State Board of Pharmacy at BOPcomplaint@dca.ca.gov. The Board maintains a webpage which lists physicians whose prescription pads have been reported stolen and may be viewed at www.pharmacy.ca.gov/licensees/stolen_fraudulent_rx_forms.shtml. That website is available at all times to pharmacists, law enforcement and consumers.
- The physician should also immediately notify the Medical Board by sending an email to firstname.lastname@example.org or a paper letter by mail describing the circumstances involved in the loss/theft and any remedial actions taken by the physician in response to the theft/loss. Any additional questions regarding loss or theft of scripts may be directed to the Medical Board’s Central Complaint Unit at (800) 633-2322.
This blog is meant to provide information on current news and general information. It is not intended to constitute legal advice, nor is any attorney-client relationship established by its posting on this website. If you are facing a situation that involves your professional license, consult with a licensed attorney.