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 Minnesota, prescription fraud is considered a serious offense and is addressed under Minnesota Statutes sections 152.025 to 152.027. The statutes cover various forms of prescription fraud, including forging prescriptions, altering prescriptions to increase the quantity of a controlled substance, using a forged or fictitious signature on a prescription, obtaining controlled substances through fraudulent means, and 'doctor shopping' to receive multiple prescriptions. Penalties for prescription fraud in Minnesota can range from fines to imprisonment, depending on the severity of the offense and whether it is charged as a misdemeanor or felony. Additionally, under federal law, specifically 21 U.S. Code § 843, it is illegal to commit prescription fraud, which includes similar acts of forgery, deception, and obtaining controlled substances through fraudulent means. Violations of federal law can result in significant penalties, including fines and imprisonment.