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 Kansas, prescription fraud is considered a serious offense and is addressed under Kansas Statutes Annotated (K.S.A.) 21-5701 et seq., particularly K.S.A. 21-5707 and 21-5708. The statutes cover various forms of fraudulent activities related to prescriptions, including forging prescriptions, altering prescriptions to increase the quantity of drugs, using a forged or fictitious signature, obtaining drugs through fraudulent means, and 'doctor shopping' to receive multiple prescriptions. Depending on the specific circumstances and the quantity of the controlled substance involved, these offenses can range from misdemeanors to felonies, with penalties that may include fines, probation, and imprisonment. Additionally, under federal law, specifically 21 U.S. Code § 843, it is illegal to commit acts such as forging prescriptions or obtaining controlled substances by fraud, and these federal offenses can lead to significant penalties, including imprisonment. It is important for individuals to understand that both state and federal laws apply to prescription drug fraud, and violations can result in severe legal consequences.