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 York State, prescription fraud is taken very seriously and is addressed under New York Penal Law Article 178, which covers criminal diversion of prescription medications and prescriptions. The law defines various offenses related to the fraudulent obtaining of prescription drugs, including forgery, deception, and acquisition under false pretenses. For example, forging a prescription, altering a prescription to increase the quantity of a controlled substance, or using a forged prescription to obtain drugs are all criminal acts. Similarly, 'doctor shopping,' or obtaining prescriptions from multiple healthcare providers without disclosing other prescriptions for the same or similar drugs, is also illegal. Penalties for prescription fraud in New York can range from misdemeanors to felonies, depending on the severity of the offense, and can result in fines, imprisonment, or both. Additionally, under federal law, specifically 21 U.S. Code § 843, it is a crime to commit acts such as forging prescriptions or fraudulently attempting to obtain controlled substances, with penalties that can include fines and federal imprisonment.