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 Wisconsin, prescription fraud is considered a serious offense and is addressed under various statutes. According to Wisconsin Statute § 450.11, it is illegal to obtain or attempt to obtain a prescription drug by fraud, deceit, misrepresentation, or subterfuge. This includes forging or altering a prescription, using a forged prescription to obtain drugs, or obtaining drugs through fraudulent means such as doctor shopping. The penalties for prescription fraud can be severe and may include fines and imprisonment. For instance, under Wisconsin Statute § 961.43, if the substance obtained is a controlled substance, the person may be charged with a Class H felony, which can result in a fine of up to $10,000 and/or imprisonment for up to 6 years. Additionally, federal law under 21 U.S. Code § 843 also criminalizes the act of obtaining or attempting to obtain controlled substances by fraud, forgery, deception, or subterfuge, which can lead to further penalties including federal charges. It is important for individuals to understand that both state and federal laws apply to prescription drug fraud, and the consequences of such actions can be quite severe.