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 Arizona, prescription fraud is considered a serious offense and is addressed under Arizona Revised Statutes (ARS) §13-3406 and other related statutes. The law prohibits the acquisition or obtaining of prescription-only drugs through fraud, deceit, misrepresentation, or subterfuge. This includes forging prescriptions, altering prescriptions to increase the quantity of drugs, using a forged or fictitious signature, making fictitious phone calls to obtain drugs, and possessing drugs obtained through such means. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing other prescriptions for similar substances, is also illegal. Depending on the circumstances and the quantity of drugs involved, prescription fraud can be charged as a misdemeanor or a felony in Arizona, with penalties ranging from fines to imprisonment. Furthermore, under federal law, specifically 21 U.S. Code §843, it is a crime to commit prescription fraud, which can lead to additional federal charges and penalties.