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 Florida, prescription drug fraud is taken very seriously and is addressed under Florida Statutes, specifically Section 893.13, which prohibits the possession, sale, and delivery of controlled substances, including obtaining them through fraudulent means. This includes forging prescriptions, altering prescriptions to increase quantity, using a forged or fictitious signature, obtaining drugs through fraudulent calls, and possession of drugs obtained by these methods. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing existing prescriptions for similar medications, is also illegal. Violations of these laws can result in felony charges, with penalties that may include imprisonment, fines, and a permanent criminal record. The severity of the punishment often depends on the type and amount of the controlled substance involved, as well as the individual's criminal history. Federal law also criminalizes prescription drug fraud under 21 U.S. Code §843, which can lead to federal charges with potentially more severe consequences.