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 Idaho, prescription fraud is considered a serious offense and is addressed under Idaho Code § 37-2734(a). This statute makes it illegal to obtain or attempt to obtain controlled substances by fraud, deceit, misrepresentation, or subterfuge. This includes forging prescriptions, altering prescriptions to increase the quantity of drugs, using a forged or fictitious signature, obtaining drugs through fraudulent phone calls, and possessing drugs obtained by these methods. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing existing prescriptions for similar drugs, is also illegal. Violations of these laws can result in felony charges, with penalties that may include imprisonment, fines, or both. Furthermore, prescription drug fraud is a federal crime under 21 U.S. Code § 843, which prohibits obtaining controlled substances through fraudulent prescriptions, forgery, or deception. Penalties under federal law can be severe and may include imprisonment, substantial fines, and a criminal record.