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 Alabama, prescription drug fraud is taken very seriously and is addressed under both state and federal laws. Under Alabama Code § 20-2-70, it is illegal to possess, obtain, or attempt to obtain a controlled substance by fraud, deceit, misrepresentation, or subterfuge. This includes forging prescriptions, altering prescriptions to increase the quantity of drugs, using a forged or fictitious signature, making fraudulent phone calls to obtain drugs, and possessing drugs obtained by any of these methods. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing existing prescriptions for similar medications, is also illegal. Violations of these laws can result in felony charges, with penalties that may include imprisonment, fines, or both. Furthermore, federal law under 21 U.S. Code § 843 also criminalizes the forgery, alteration, or fraudulent acquisition of prescriptions for controlled substances, with its own set of penalties that may apply.