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 Iowa, prescription fraud is considered a serious offense and is addressed under Iowa Code sections 124.401 and 155A.21 among others. The law prohibits various forms of prescription fraud, including forging prescriptions, altering prescriptions to increase the quantity of drugs, using a forged or fictitious signature, obtaining drugs through a forged or altered prescription, and acquiring controlled substances through fraudulent means such as fictitious phone calls. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing existing prescriptions for similar medications, is also illegal. Penalties for prescription fraud in Iowa can range from misdemeanor to felony charges, depending on the severity of the offense, and may include fines, imprisonment, or both. Furthermore, prescription drug fraud is a federal crime under 21 U.S. Code §843, which means individuals may also face federal charges that carry their own set of penalties. It is important for individuals to understand that both state and federal laws apply, and violations can lead to significant legal consequences. An attorney can provide specific legal advice and representation for anyone facing allegations of prescription fraud.