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 Oregon, prescription fraud is considered a serious offense and is addressed under various statutes. According to ORS 475.840, it is unlawful for any person to knowingly or intentionally possess a false or forged prescription for a controlled substance. This includes forging or altering a prescription, using a forged prescription to obtain drugs, or obtaining drugs through fraud or deceit, such as by doctor shopping or using a fraudulent telephone call. The penalties for prescription fraud can range from misdemeanors to felonies, depending on the circumstances and the quantity of drugs involved. For example, obtaining a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge is classified as a Class C felony under ORS 475.850, which can result in significant fines and imprisonment. Additionally, federal law under 21 U.S. Code § 843 also criminalizes the act of obtaining or attempting to obtain a controlled substance by fraud, forgery, deception, or subterfuge, which can lead to federal charges with potentially severe consequences.