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 Maryland, prescription fraud is considered a serious criminal offense. Under Maryland law, it is illegal to forge, alter, or obtain a false prescription for controlled substances, which includes narcotics and other regulated drugs. The acts of forging a prescription, using a forged or fictitious signature, obtaining drugs through a forged or altered prescription, making fraudulent phone calls to acquire drugs, and possessing drugs obtained by these means are all criminal offenses. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing existing prescriptions for similar medications, is also illegal. These offenses can be prosecuted under various sections of the Maryland Criminal Law Code, such as § 5-601 and § 5-606, which address controlled dangerous substances offenses and obtaining drugs by fraud, respectively. Penalties for prescription fraud in Maryland can range from fines to imprisonment, depending on the severity of the offense and whether it is charged as a misdemeanor or felony. Federal law also criminalizes prescription drug fraud under 21 U.S. Code § 843, which can lead to additional federal charges with their own set of penalties.