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 Indiana, prescription fraud is considered a serious offense and is addressed under various statutes. The state criminalizes the act of obtaining or attempting to obtain a prescription drug by fraud, deceit, misrepresentation, or subterfuge. This includes forging prescriptions, altering prescriptions to increase the quantity, using a forged or fictitious signature, making fraudulent 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 existing prescriptions for similar medications, is also illegal. These offenses can be charged as misdemeanors or felonies, depending on the circumstances, with penalties that may include fines, imprisonment, or both. Furthermore, under federal law, specifically 21 U.S. Code §843, it is a crime to commit prescription fraud, which can lead to federal charges with potentially severe consequences. It is important for individuals to understand that both state and federal laws apply to prescription drug fraud, and violations can result in significant legal repercussions.