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 New Hampshire (NH), prescription fraud is considered a serious offense and is addressed under the state's Controlled Drug Act. The act prohibits various forms of prescription fraud, 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. These actions can be charged as misdemeanors or felonies, depending on the circumstances and the quantity of drugs involved. Penalties for prescription fraud in NH can include fines, imprisonment, or both. Additionally, under federal law, specifically 21 U.S. Code § 843, it is illegal to knowingly or intentionally distribute or dispense a controlled substance by means of a fraudulent prescription. Violations of this federal statute can result in significant penalties, including fines and imprisonment. Individuals charged with prescription fraud in NH may face both state and federal charges, and it is advisable to consult with an attorney for legal guidance specific to their situation.