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 Texas, prescription fraud is considered a serious offense and is addressed under various statutes, including the Texas Health and Safety Code. The acts of forging, altering, or using unauthorized prescriptions to obtain controlled substances, as well as doctor shopping, are illegal. Specifically, forging a prescription or altering the quantity of a prescribed drug (Texas Health and Safety Code § 481.129), issuing a prescription with a forged signature, obtaining drugs through a forged or fraudulent prescription, and doctor shopping are all punishable offenses. Penalties for prescription fraud in Texas can range from a Class B misdemeanor to a second-degree felony, depending on factors such as the type of controlled substance involved and the amount obtained or attempted to be obtained. This means that individuals convicted of prescription fraud could face substantial fines and significant jail or prison time. Additionally, under federal law, particularly 21 U.S. Code § 843, it is a crime to commit acts that constitute prescription fraud, which can lead to federal charges with their own set of penalties.
