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 North Carolina, prescription fraud is taken very seriously and is considered a criminal offense. Under North Carolina General Statutes § 90-108(a)(10), it is illegal to forge, alter, or use any false or fraudulent prescription to obtain controlled substances. This includes forging a prescription, using a prescription with a forged signature, altering the quantity of drugs prescribed, or obtaining drugs through a fraudulent telephone call. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing other prescriptions for similar substances, is also illegal. The penalties for prescription fraud can vary depending on the circumstances but may include fines, probation, and imprisonment. Prescription drug fraud is not only a state crime but also a federal offense under 21 U.S. Code § 843, which prohibits the forgery, alteration, or fraudulent acquisition of prescriptions for controlled substances. The federal law also imposes penalties that can include fines and imprisonment.