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 Pennsylvania, prescription fraud is considered a serious offense and is addressed under both state and federal laws. Under Pennsylvania law, activities such as forging prescriptions, altering prescriptions to increase the quantity of a controlled substance, using a forged or fictitious signature on a prescription, obtaining controlled substances through fraudulent means, and 'doctor shopping' to receive multiple prescriptions are illegal. These actions are typically prosecuted under the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act. Depending on the specific circumstances and the quantity of the controlled substance involved, these offenses can range from misdemeanors to felonies, with penalties that may include fines, probation, and imprisonment. Additionally, under federal law, specifically 21 U.S. Code § 843, it is a crime to commit acts of prescription fraud, which can lead to federal charges with potentially severe consequences. Individuals charged with prescription fraud in Pennsylvania may face both state and federal penalties if convicted.