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Good Faith Practice Of Medicine
(HS 11153 & HS 11154)
You may not convict the defendant of the charged offenses if you conclude that [he] [she] was practicing medicine in good faith when [he] [she] wrote the prescriptions.
Points and Authorities
HS 11153 and HS 11154 prohibit a physician from issuing a prescription for a controlled substance except for legitimate medical purposes. Accordingly, it is a defense to these charges if the defendant was practicing medicine in good faith when he wrote the prescriptions. (People v. Lonergan (90) 219 CA3d 82, 94 [267 CR 887].)
Failure to adequately instruct upon a defense or defense theory implicates the defendant’s state (Art. I, § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury, compulsory process and due process. [See FORECITE PG VII(C).]