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 Washington State, prescription fraud is considered a serious offense. Under RCW 69.50.403, it is illegal to forge, alter, or obtain a prescription for a controlled substance by fraud, deceit, or misrepresentation. This includes forging a prescription, using a forged or fictitious signature, obtaining drugs through a forged or altered prescription, making fictitious or fraudulent phone calls to acquire drugs, and possessing drugs obtained by these means. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing existing prescriptions for similar drugs, is also illegal. Violations of these laws can result in felony charges, with penalties that may include imprisonment, fines, or both. Furthermore, prescription drug fraud is a federal crime under 21 U.S. Code §843, which means individuals may also face federal charges for such actions. The specific penalties for prescription fraud can vary based on the circumstances of the case, including the type and amount of the controlled substance involved.