PILLS CAN KILL

Frequently Asked Questions for Law Enforcement

1. What is a forged prescription?

 Answer:  Any prescription (Rx) that is written and signed purporting to be that of a medical practitioner when in fact it was not written or signed by that practitioner is a forgery. 

A forged Rx may also be a legitimately written Rx that has been altered in some manner.  For example, changing the issue date, the strength of the medication, the number dispensed, or the number of refills authorized.

 REF:  TCA 53-11-402(a)3  
 

2. What statute should a suspect, who passed a forged Rx, be charged under? 

Answer:  TCA 53-11-402(a)3- Fraud & Forged Prescriptions (Class D felony)

 A suspect may also be charged with a second violation of TCA 39-14-114- Forgery (Class E felony). 
 

3. Does a Rx have to be filled in order for a crime to be committed? 

Answer:  NO 

TCA 53-11-402(a)3 states that “it is unlawful for any person knowingly and intentionally to acquire or obtain, or attempt to acquire or attempt to obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge…” 

If a person makes any attempt to get a forged Rx filled, he/she has committed a crime. 
 

4. Can the vehicle of a suspect, who passed a forged Rx, be seized? 

Answer:  YES 

Pursuant to TCA 53-11-451(a)4, if your proof shows the suspect used the vehicle to facilitate the crime, in any manner, the vehicle is seizable.  An example would be when the suspect uses the vehicle to take the forged Rx to the pharmacy and attempts to get the Rx filled (the vehicle could be seized). 
 

5. May law enforcement officers seize a forged Rx from the pharmacy where the forgery was passed? 

Answer:  YES

However, you must provide the pharmacist a property receipt and copy of the Rx to keep in their records (because the pharmacy is accountable for the Rx prescription and needs related documentation to support dispensed medications).

In an emergency, call local law enforcement or 911.