In September, a federal grand jury returned a 17-count indictment against Michael Norman Dube. The 48-year-old Johnson City man was charged with obtaining controlled substances by misrepresentation, fraud, forgery, deception or subterfuge, and omitting material information from records required to be kept under the Controlled Substances Act.
Prosecutors allege that he fraudulently obtained hydrocodone 16 times from October 2006 to May 2008 and deliberately left out details of his records. Dube pleaded not guilty and could go to trial in November.
Prescription Fraud
Prescription fraud is broadly defined as the illegal acquisition of prescription drugs for personal use or profit. In its traditional sense, it may include a patient doing any of the following:
- Stealing a physician's legitimate prescription pad to write prescriptions for a fictitious patient
- Altering a legitimate prescription in order to increase the quantity of the prescribed drug
- Creating a fake prescription using a computer or other device
- Calling the pharmacy with a prescription and giving one's own number for callback confirmation (instead of a hospital or clinic number)
However, prescription fraud charges are not unique to patients. Doctors and pharmacists may face criminal charges as well. Pharmacists have an obligation not only to follow the federal and locals laws but also to protect society from drug abuse.
Pharmacists Charged With Prescription Fraud
Earlier this year, a pharmacist in New Jersey was arrested on charges that included distribution of a controlled dangerous substance. Kamal Moorjani, 32, allegedly dispensed Viagra, OxyContin and other prescription pills to individuals who did not have prescriptions. Those responsible for the investigation further allege that Moorjani filled prescriptions for narcotics that were fraudulently obtained.
John Roman, a Pennsylvania pharmacist, was charged with defrauding pharmaceutical companies out of more than $500,000 by submitting fraudulent vouchers for free trial medications. Federal prosecutors alleged that Roman submitted vouchers he downloaded for free medications and then submitted them to pharmaceutical companies under the names of fictitious patients. Roman also allegedly worked with a physician to obtain prescriptions for fictitious patients. He has agreed to forfeit the property where his pharmacy was located, $546,543 in cash and a sports car prosecutors say were derived from the proceeds of his illegal activity; if convicted, he could face up to a 20-year sentence and a $250,000 fine.
These stories highlight the temptations and dangers pharmacists face when filling prescriptions. The U.S. Office of Diversion Control published a guide for pharmacists to assist in avoiding prescription fraud, which set forth a mandate to pharmacists to maintain a constant vigilance against forged or altered prescriptions. The guidelines caution that pharmacists are responsible for knowingly dispensing a prescription that was not prescribed in the usual course of professional treatment.
Pharmacists are to be wary of signs of forged, stolen or otherwise suspicious prescriptions. In addition to the prevention techniques offered, some states are beginning to require additional precautions, such as mandating that prescriptions be written on special, tamper-resistant paper.
Prescription Drug Abuse a National Concern
The Office of National Drug Control Policy says a number of studies show that the intentional abuse of prescription drugs, whether pain relievers, sedatives and tranquilizers, or stimulants, is a growing concern, especially among teenagers. Abuse of prescription pain killers now ranks second only to marijuana as the nation's most prevalent illegal drug problem.
According to the U.S. Drug Enforcement Administration, almost 7 million Americans are abusing prescription drugs, up nearly 80 percent from 3.8 million in 2000. Opioid painkillers now cause more drug overdose deaths than cocaine and heroin combined.
Pharmacists and treating physicians should exercise care when filling a prescription or prescribing medication, especially those prone to abuse, which may include:
- Ambien
- Vicodin
- Percocet
- OxyContin
- Codeine
- Morphine
- Barbiturates and benzodiazepenes
- Norco
Time is of the essence and prescription fraud is a felony offense that carriers serious penalties. Doctors or pharmacists who are facing charges of prescription fraud, or who have concerns over prior prescriptions, should consult an experienced criminal defense attorney. A skilled lawyer can offer advice and protect the professional's rights and interests in any plea or at trial.
