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Prescription Fraud Questions

What is prescription fraud?

Prescription fraud is defined as an illegal gain of prescription drug for either to use or sell. Prescription fraud can happen in many different ways such as copying prescriptions, going to many different doctors to get a lot of prescriptions and then changing the prescription to add to the amount that was given. The most abused prescription drug according to many law enforcements is Valium, Vicodin, Xanax, OxyContin, Lorcet, Dilaudid, Percocet, Soma, Darvocet and Morphine. It is considered a crime for a person to obtain or to try to obtain a controlled substance by using some sort of fraud. Many people commit this crime because they suffer with an addiction to prescription drugs. If you have been charged and need answers, read below to find Expert answers pertaining to prescription fraud.

Who are some of the offenders that precipitates in prescription fraud?

Prescription fraud offenders vary from a wide range of ethnicity, social, education, and different backgrounds. Many people who have committed prescription fraud become addicted to the drugs that were legally prescribed to them by their doctors, and then try to get more drugs illegally. Below are listed of some of the many people who have committed prescription fraud:

Youth- it is recorded that an estimated 11.11 million people were abusing prescription drugs in 1999 and mainly half were between the ages of 12 to 25.
Women
Older adults
Those who are known as addicts
Healthcare workers

What are some types of prescription fraud?

Some prescription fraud types include:
Forging prescriptions
Changing the prescriptions
Doctor shopping- this means that a single person will go to many different doctors in order to receive many different types of prescriptions.
Calling in prescriptions- often times someone will act like a healthcare staff and call in prescriptions.
And, then stealing blank prescription forms.

In the state of Texas what is the punishment for prescription fraud?

If someone was convicted of prescription fraud in the state of Texas, they could be looking at a Class B misdemeanor that is if it is the person’s first time offense. If not the person could be looking at a Class A misdemeanor. The punishment for a Class B misdemeanor is up to 180 days in jail and or a fine up to $2,000. The punishment for a Class A misdemeanor is up to one year in jail and or a fine up to $4,000. All this information can be found under Section 483.045 of the Texas Health and Safety Code. If someone had a substance abuse problem it may be a Class 3 felony, having a punishment minimum of 2 years and a maximum of 10 years. There is also the possibility of up to a $10,000 fine. Prosecutors generally offer a plea bargain in these types of situations involving some sort of treatment or counseling.

In the state of Texas what is the statute of limitations for prescription fraud in a criminal situation?

In the state of Texas the statute of limitations is 7 years and that is depending o the type of fraud that was committed, and for insurance fraud it would be 5 years, and theft fraud it would be 7 years as well. The state law can be found at: www.statutes.legis.state.tx.us/SOTWDocs/CR/htm/CR.12.htm

Prescription fraud is a very serious can and is very illegal. When a person commits prescription fraud this person will be looking at some very serious consequences. Not only is prescription fraud illegal, but it can also lead to drug addictions and could seriously harm a person’s life. For more information of prescription fraud and for someone that is seeking help to overcome prescription addiction contact the Experts.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2384
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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