LAWS REGARDING CONTROLLED SUBSTANCES
From DRUG LAWS, 1998, including the California Uniform Controlled Substances Act (Division 10 of the Health & Safety Code, Law Tech Publishing Co., Ltd.Schedule II Controlled Substances (1) Opium and opiate, and any salt, compound . (6) Cocaine, except as specified in Section 11054. (25) Sufentanyl (d) Stimulants (1) Amphetamine (Dexedrine, Adderall) (2) Methamphetamine (3) Dimethylamphetamine (4) N-Ethylmethamphetamine (5) Phenmetrazine (6) Methylphenidate (Ritalin) 11153 (a) A prescription for a controlled substance shall only be issued for a legitimate medical purpose by an individual practitioner
[Fred A. Baughman Jr., MD:
How can it be called
legitimate use of methylphenidate or amphetamines (Schedule II) for a physician to call
ADHD a disease, when it is not, children said to have it abnormal/diseased?]
The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist 11173. Fraud Deceit, Misrepresentation or False Statement (a) No person shall obtain or attempt to obtain controlled substances, or procure or attempt to procure the administration of or prescription for controlled substances, (1) by fraud, deceit, misrepresentation or subterfuge; or (2) by the concealment of a material fact.
[Fred A. Baughman Jr., MD:
Physicians knowing they have not demonstrated/diagnosed a physical or chemical
abnormality/disease in accepting a DSM-IV, pencil-paper, behavior scale, diagnosis of
ADHDbut who say they have, to gain informed consent to prescribe Schedule II
stimulants, have concealed the material fact that ADHD has never been validated as a
disease]
(b) No person shall make a false statement in any prescription, order, report, or record, required by this division.
[Fred A. Baughman Jr., MD:
Physicians knowing they have not demonstrated/diagnosed a physical or chemical
abnormality/disease in accepting a DSM-IV, pencil-paper, behavior scale, diagnosis of
ADHDbut who say they have, to gain informed consent to prescribe Schedule II
stimulants, have concealed the material fact that ADHD has never been validated as a
disease]
11190. Prescribers Record for Schedule II Substance Every practitioner, other than a pharmacist, who issues a prescription, or dispenses or administers a controlled substance classified in Schedule II shall make a record that, as to the transaction, shows all of the following: (c) The character, including the name and strength, and quantity of controlled substance involved. The prescribers record shall show the pathology and purpose for which the prescription is issued, or the controlled substance administered, prescribed, or dispensed.
[Fred A. Baughman Jr., MD:
Pathology = Disease = Abnormality (physical or chemical). In making diagnoses of
any of the 3 so-called disruptive behavior disorders, which include, ADHD, conduct
disorder (CD) and oppositional-defiant disorder (ODD), and stating or implying that
they are diseasesabnormalities within the brain or body of the patientthe physician
is withholding the material fact regarding each of the three, that none have been
proved to be a bona fide disease due to a confirming physical or chemical abnormality
within the brain or body of the child/adult. Such a characterization would be an
abrogation of informed consent, and, in regard to prescribing Schedule II stimulants,
fraud, deceit, misrepresentation or subterfuge]