What Is Considered Prescription Fraud?
It has become all too common for a patient to be prescribed a strong medication, whether it be for chronic pain or some other malady, and over time become addicted to it. Many times, physicians do not even recognize the fact that their patients have formed a dependence to the drugs they have been prescribing. If these patients fail to retain their prescription or form a tolerance to their recommended dosage, they may become desperate. This is a situation primed for prescription fraud. Under N.J.S.A. 2C:35-13 it is illegal to acquire prescription drugs through any type of fraud, misrepresentation, forgery, deception or subterfuge. In order to prove fraud took place, the prosecution must show that:
- The defendant obtained a controlled dangerous substance.
- The medication was a controlled dangerous substance as defined by New Jersey state law.
- The defendant committed some act of fraud, deception or misrepresentation in order to obtain the medication.
Note that it is not only patients that can be accused of fraud. Many cases of prescription drug fraud and forgery are perpetrated by workers in the healthcare sector, such as doctors, nurses, pharmacy workers and other employees with access to items like prescription blanks. The following actions are all considered fraud by the State of New Jersey:
- Forging a prescription
- Altering the drug quantity on a prescription
- Forged or fraudulent certificate of destruction of prescription blanks
- Visiting different doctors to obtain multiple prescriptions and misrepresenting what drugs you are currently taking, which is also known as “doctor shopping.”
- Impersonating medical staff to call in prescriptions
- Creating fake prescriptions with a computer
- Prescribing drugs for reasons outside the normal course of use
- Prescribing drugs for an illegitimate medical reason
Related to prescription fraud charges are theft charges. They can be brought about by stealing prescription blanks and often go hand in hand with fraud and forgery charges.
Penalties for Prescription Fraud
The consequences of an act of prescription drug fraud or forgery are severe. New Jersey has strict penalties for those that are accused and convicted of these transgressions. Despite being two separate acts, prescription fraud and forgery usually are rolled into a single charge. They also have similar penalties to each other, even if you only commit one and not the other. These penalties are as follows:
- Prescription Fraud
- Fines up to $50,000
- Prison time of 3 to 5 years
- Minimum of 6 months of driver’s license suspension
- Prescription Forgery
- Fines up to $50,000
- Prison time of 3 to 5 years
- Minimum of 6 months of driver’s license suspension
Learn about license restoration in New Jersey.
In addition these charges, if your actions included the theft of prescription blanks, you will likely face a theft charge as well. Theft of prescription pads is considered a third degree crime and has the following penalties:
- Theft in the Third Degree (theft of prescription blanks)
- Fines up to $100,000
- Prison time of up to 3 to 5 years
Need Help with a Prescription Fraud Charge?
Prescription fraud has dire consequences for anyone accused of it. In most prescription fraud cases, a skilled criminal defense lawyer can make all the difference. At Schneider Freiberger, P.C., we will work to protect your legal rights and get you the best possible results for your case. Contact us today to discuss your case.
