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 Illinois, prescription fraud is taken very seriously and is addressed under both state and federal laws. Under Illinois law, specifically the Illinois Controlled Substances Act (720 ILCS 570/), it is illegal to forge, alter, or use an unauthorized prescription to obtain drugs, particularly controlled substances. This includes acts such as forging a prescription, using a prescription with a forged signature, obtaining drugs through a fraudulent prescription, and 'doctor shopping' to receive multiple prescriptions for controlled substances without proper disclosure. These offenses can be charged as felonies, with penalties that may include imprisonment, fines, or both. Additionally, under federal law, particularly 21 U.S. Code § 843, it is a crime to commit acts of prescription fraud, which can lead to federal charges with their own set of penalties. The severity of the punishment under both state and federal law typically depends on the nature of the offense and the quantity of drugs involved.