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Prescription fraud occurs when an individual forges a prescription in an attempt to gain controlled substances for personal use or profit. Prescription fraud is a felony offense and a conviction is typically followed by incarceration. Recently, the Nebraska State Patrol and area pharmacies have partnered together to fight prescription fraud throughout the state, including in Omaha.
It is illegal for any doctor, nurse with prescribing privileges, or pharmacist to distribute medications without good medical cause. Any person who attempts to obtain or distribute a medicine without proper documentation or cause may commit prescription fraud. This is a serious offense in Omaha and is considered a felony in the state of Nebraska.
Prescription fraud is a serious offense, and it is often in the best interest of the accused to seek high-quality legal representation. An Omaha prescription fraud lawyer could help you fight the charges you are facing. At Berry Law, our team understands the severity of a criminal conviction and we work to find the best solution available for our clients. An aggressive fraud attorney from Berry Law can build and argue a vigorous defense to protect your rights and freedom.
Controlled Substances and the Need for a Prescription in Omaha
Every medication must undergo significant testing through the FDA. The FDA will then classify the substance as being either an over-the-counter medication or one that requires a prescription.
The State’s Controlled Substance Act severely limits the public’s access to medications. Not only is it illegal for any person to sell drugs without a pharmacist license, but it is also illegal to possess these substances without a proper doctor’s prescription.
As a result, the proper dispensation and possession of controlled substances is a highly regulated area of the law. Any attempt to circumvent these regulations could lead to allegations of prescription fraud. An Omaha prescription fraud lawyer could provide more information about the Controlled Substance Act and prescription fraud.
Elements of the Offense
Any attempt made by either patients, pharmacists, or doctors to avoid the regulations concerning prescription medications may be an example of prescription fraud. NE Rev. Stat. §28-418 defines several ways that a person may commit fraud related to prescription drugs. These include:
- Distributing these substances without regard to the approved legal procedures for pharmacists or doctors
- Using a false registration number to distribute these drugs
- Acquiring or attempting to acquire a prescription drug through theft, misrepresentation, or fraud
- Possessing any tool used to counterfeit prescription medications
- Possessing a forged prescription to obtain medications
A key aspect to prescription fraud cases, as with any fraud allegation, is the concept of intent. The statute states that a prosecutor must prove someone either intentionally or knowingly attempted to commit prescription fraud. An Omaha prescription fraud lawyer could help to provide clarification as to what this offense includes.
Get Help from An Omaha Prescription Fraud Attorney
The proper distribution and possession of prescription medications is both a legal issue and a concern for public health. As a result, the State’s legislature makes it a felony offense to obtain or attempt to obtain any prescription medication without a valid doctor’s prescription.
Similarly, it is illegal for any doctor or pharmacist to distribute substances in a way that does not conform to State law. An Omaha prescription fraud lawyer could provide a defense against allegations of prescription fraud. Contact Berry Law today to schedule a confidential consultation and learn more.