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 Jersey, prescription fraud is taken very seriously and is considered a criminal offense under state law. This includes forging or altering prescriptions, obtaining prescriptions through deceit such as using a forged signature or making fraudulent phone calls, and 'doctor shopping' to receive multiple prescriptions for controlled substances without proper disclosure. These actions are typically prosecuted under New Jersey's Controlled Dangerous Substances Act, N.J.S.A. 24:21-1 et seq., which categorizes various offenses related to controlled substances. Depending on the specific nature of the fraud, the offense can be charged as a disorderly persons offense or a more serious indictable offense, potentially leading to significant fines and imprisonment. Additionally, under federal law, specifically 21 U.S. Code § 843, obtaining or attempting to obtain controlled substances through fraud, forgery, deception, or subterfuge is also a criminal offense, which can result in federal charges with their own set of penalties, including imprisonment and fines.