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 Ohio, prescription fraud is taken very seriously and is addressed under various statutes. According to Ohio Revised Code Section 2925.22, it is illegal to forge, alter, or make a false prescription with the intent to obtain a controlled substance. This includes forging a prescription, using a forged prescription to obtain drugs, or altering the quantity of drugs on a prescription. Additionally, it is unlawful to acquire or attempt to acquire a controlled substance by deception, misrepresentation, or fraud, which encompasses using a fictitious or fraudulent telephone call to obtain drugs, as well as doctor shopping to receive multiple prescriptions for controlled substances without proper disclosure. The penalties for prescription fraud in Ohio can range from misdemeanor to felony charges, depending on the circumstances and the amount of the drug involved. Convictions can result in 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 additional federal charges and penalties.
