Obtaining a prescription through forgery or fraud is a serious offense. The statute defining this offense contains several different acts that constitute forging a prescription. The state will specify, in its charge, which of the specific subsections outlined below apply.
In order to be found guilty of this offense, the state must prove beyond a reasonable doubt that 1) the defendant (obtained or attempted to obtain/procured or attempted to procure the administration of) a drug that is required by any applicable federal or state law to get dispensed pursuant only to a prescription or is restricted to use by prescribing practitioners only, and 2) did so through one of the following acts: (1) fraud, deceit, misrepresentation or subterfuge; or (2) the forgery or alteration of a prescription or of any written order; or (3) the concealment of a material fact; and (4) the use of a false statement in any prescription, order or report required by law.
The first element says that the defendant, obtained or attempted to obtain, procured or attempted to procure the administration of a prescription drug. “Attempt, “obtain,” and “procure” have their ordinary meanings under this statute. “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by: (A) a practitioner, or, in their presence, by their authorized agent, or (B) the patient or research subject at the direction and in the presence of the practitioner, or (C) a nurse or intern under the direction and supervision of a practitioner.
The second element says that the defendant obtained or attempted to obtain, procured or attempted to procure the administration of that prescription drug in one of the following ways: (1) fraud, deceit, misrepresentation or subterfuge; or (2) the forgery or alteration of a prescription or of any written order; or (3) the concealment of a material fact; also (4) the use of a false statement in any prescription, order or report required by law. “Fraud” means a deliberately planned purpose and intent to cheat, deceive, or unlawfully deprive someone of some advantage, benefit or property. Deceit, misrepresentation, and subterfuge have their ordinary meaning. Forgery means falsely making, completing, or altering a written instrument with the intent to defraud, deceive or injure another. Also, as applicable here, a material fact means a fact that if known would have affected the defendant’s ability to lawfully receive a controlled substance or its administration.
Obtaining a prescription by altering or misrepresenting a written instrument constitutes Forgery, a Class D felony. Also, a conviction of this offense carries a mandatory minimum one year with a maximum of five years in jail, along with a fine up to $5,000.
Requirements for Licensed Practitioners
If you were licensed under Conn. Gen. Stat. § 21a-246 to, “manufacture, wholesale, repackage, supply, compound, mix, cultivate or grow, or by other process produce or prepare” controlled substances and are found to violate any provisions of Conn. Gen. Stat. §§ 21a-243 through 21a-282, your license could be revoked or suspended pursuant to Conn. Gen. Stat. § 21a-275. Furthermore, Conn. Gen. Stat. § 21a-256 also specifics particular labeling requirements for containers of controlled substances.