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 Utah, prescription fraud is considered a serious offense and is addressed under the Utah Controlled Substances Act. The act outlines various forms of prescription fraud, including forging prescriptions, altering prescriptions to increase the quantity of drugs, using a forged or fictitious signature, obtaining drugs through fraudulent means such as fictitious phone calls, and doctor shopping to receive multiple prescriptions. These actions are illegal and can lead to felony charges, which carry the potential for jail or prison time. Utah law specifically penalizes the acquisition or possession of a controlled substance through misrepresentation, fraud, forgery, deception, or subterfuge under Utah Code Ann. § 58-37-8(2)(a)(ii). Additionally, federal law also prohibits prescription fraud under 21 U.S. Code § 843, making it a crime to knowingly or intentionally distribute or dispense a controlled substance by means of a fraudulent prescription. Penalties under federal law can include fines and imprisonment, and the severity of the punishment can depend on the specific circumstances of the offense and the type of controlled substance involved.