Issuing, obtaining, or attempting to obtain a false (forged, altered, or unauthorized) prescription to obtain drugs (narcotics, controlled substances)—or otherwise deceptively or fraudulently obtaining or attempting to obtain a prescription for a controlled substance—is a crime in every state, and in many states it is a felony offense punishable by jail or prison time. Some common forms of prescription fraud include:

(1) forging a prescription or increases the prescribed quantity of a dangerous drug in a prescription;

(2) issuing a prescription bearing a forged or fictitious signature;

(3) obtaining or attempting to obtain a dangerous drug by using a forged, fictitious, or altered prescription;

(4) obtaining or attempting to obtain a dangerous drug by means of a fictitious or fraudulent telephone call; or

(5) possessing a dangerous drug obtained by a forged, fictitious, or altered prescription or by means of a fictitious or fraudulent telephone call;

(6) obtaining or attempting to obtain a prescription from a health care provider without disclosing the existence of a current prescription for the same or similar drug or by another health care provider (doctor shopping).

Prescription drug fraud laws are usually located in a state’s statutes. Prescription drug fraud is also a crime under federal law. See 21 U.S. Code §843.

In California, prescription fraud is addressed under various sections of the Health and Safety Code, particularly sections 11153, 11173, and 11174. These laws make it illegal to forge, alter, or use a false prescription to obtain controlled substances, which includes narcotics and other regulated drugs. It is also a crime to impersonate a medical practitioner or to call in a fraudulent prescription to a pharmacy. Additionally, 'doctor shopping,' which involves obtaining prescriptions for the same or similar controlled substances from multiple healthcare providers without proper disclosure, is prohibited. Penalties for prescription fraud can range from misdemeanor to felony charges, depending on the circumstances of the offense, such as the quantity of drugs involved and the defendant's criminal history. Convictions may result in imprisonment, fines, and mandatory drug counseling programs. Prescription drug fraud is also a federal offense under 21 U.S. Code § 843, which can lead to additional penalties if the fraudulent activities cross state lines or involve federal healthcare programs.