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 Tennessee, prescription drug fraud is taken very seriously and is considered a criminal offense. Under Tennessee law, activities such as forging prescriptions, altering prescriptions to increase the quantity of drugs, using a forged or fictitious signature on a prescription, obtaining drugs through fraudulent means, and 'doctor shopping' to receive multiple prescriptions are illegal. These actions can be charged under various statutes, including Tennessee Code Annotated Section 53-11-402, which addresses obtaining controlled substances by fraud, and Section 53-11-403, which deals with fraudulently obtaining a prescription. Penalties for prescription fraud can range from fines to imprisonment, depending on the severity of the offense and whether it is charged as a misdemeanor or felony. Additionally, federal law also prohibits prescription drug fraud under 21 U.S. Code § 843, which can lead to federal charges with potentially more severe consequences. It is important for individuals to understand that both state and federal laws apply, and violations can result in significant legal repercussions.