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 North Dakota, prescription fraud is taken very seriously and is addressed under the North Dakota Century Code (NDCC). According to NDCC Section 19-03.1-23, it is illegal to forge, alter, counterfeit, or use a false prescription to obtain controlled substances. This includes acts such as forging a prescription, using a prescription with a forged signature, obtaining controlled substances through a fraudulent prescription, and doctor shopping to acquire similar prescriptions from different healthcare providers without proper disclosure. The penalties for prescription fraud in North Dakota can be severe, ranging from fines to imprisonment, depending on the nature of the offense and the quantity of the controlled substance involved. Prescription drug fraud is also a federal crime under 21 U.S. Code § 843, which prohibits the acquisition or possession of controlled substances through fraud, deceit, forgery, or misrepresentation. Violations of this federal law can result in significant penalties, including fines and imprisonment.