Prescription fraud is the act of misrepresenting yourself to a doctor or pharmacist, doctor shopping or being dishonest when getting controlled substances from a doctor or pharmacist. If a physician prescribes these drugs willingly and without a legitimate purpose, these guys too, can be accused of prescription fraud.
Doctor shopping is just one of the more common examples of prescription fraud and involves checking many different doctors in hopes of getting narcotics. Chronic pain sufferers who are addicted to opiates or pain medication and need to have radically larger quantities to getting the same relief often use this procedure. Prescription fraud becomes apparent in this instance if the patient ignores to notify the physicians of currently taking medication or have other prescriptions.
Other great examples of prescription fraud include forging prescriptions on a stolen physician’s prescription pad, making use of computers to create fake prescriptions, or modify a physician’s prescription altogether to increase the types of the drugs prescribed. Drug users have also used the tactic of masquerading as medical staff to call in prescriptions and using their own number as call-back information.
Prescription Fraud Penalties
Laws relating to prescription fraud in Kansas can be found under K.S.A 21-5708 which includes possessing a fraudulent prescription and with the intent to distribute it, falsifying information to acquire a prescription, and making, modifying, or signing a prescription by an unauthorized individual. The penalties as per Kansas Year 2004 Crime and Punishment Chart indicates that “obtaining a prescription drug by fraud is penalized with a fine of up to $2,500 and or up to 1 year in jail”. The specific charge you face as well as the penalties that go with it will greatly depend on the state in which you are charged.
Prescription Fraud Defense
Some of the typical criminal defense strategies available in prescription fraud cases include: challenging illegal search and seizure, defective search warrants, and other constitutional violations. For a doctor or physician, the “good faith” defense can be used if a patient fails to reveal a material fact that, if the doctor knew, would not have made a prescription. Many states use alternative sentencing or intervention plans including drug courts and a pretrial recreation program in first-offense cases. In such case, charges may be dropped or dismissed upon completion of a certified program.
Prescription Fraud Lawyer in Kansas
Needless to say, prescription fraud charges are a very serious issue. With prescription fraud crime rates increasing, many states have enacted strict laws concerning their possession and distribution. Prescription drug charges are a very serious matter that require an informed, experienced prescription drug attorney. A solid defense can make a significant difference in regardless if you successfully defend yourself from criminal charges.
