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 Kentucky, prescription drug fraud is taken very seriously and is addressed under various statutes. Kentucky law prohibits obtaining or attempting to obtain a prescription for a controlled substance by forgery, fraud, deception, or subterfuge. This includes forging or altering prescriptions, using a forged prescription to obtain drugs, and 'doctor shopping' to receive multiple prescriptions. These actions can be charged under Kentucky Revised Statutes (KRS) 218A.240 and KRS 218A.282. The penalties for prescription fraud can range from misdemeanors to felonies, depending on the circumstances and the quantity of drugs involved. For instance, forgery of a prescription is typically a Class D felony, which can result in one to five years of imprisonment. Additionally, under federal law, specifically 21 U.S. Code § 843, it is illegal to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge, which can lead to significant penalties including fines and imprisonment. Individuals charged with prescription fraud should seek the advice of an attorney to understand the specific charges and potential defenses available to them.