Prescription Fraud

Over the years, we have defended many clients charged with prescription fraud. In many cases, defendants are accused of prescription fraud due to allegedly altering the numbers on the physical prescription sheet. For example, the police claim that the original prescription was for 30 pills, not the 130 pills the prescription now says. Sometimes, the allegation is that there was no valid prescription in the first place and that the doctor's name on the prescription is a forgery. If the prescription was for a pain killer, this especially raises the attention of law enforcement or the pharmacists who reported the incident.

If you have been accused of, charged with, or under investigation for prescription fraud, call our law firm right away to speak with an experienced drug crimes defense lawyer.

The following is the Kansas Statute for Prescription Fraud.

Article 36a. - CRIMES INVOLVING CONTROLLED SUBSTANCES

K.S.A. 21-36a08. Unlawfully obtaining or selling a prescription-only drug. (a) Unlawfully obtaining a prescription-only drug is: Making, altering or signing of a prescription order by a person other than a practitioner or a mid-level practitioner; (1)(2) distribution of a prescription order, knowing it to have been made,  altered or signed by a person other than a practitioner or a mid-level practitioner; possession of a prescription order (3) with intent to distribute it and knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner; possession of a prescription-only (4) drug knowing it to have been obtained pursuant to a prescription order made, altered or signed by a person other than a practitioner or a mid-level practitioner; or providing false (5) information, with the intent to deceive, to a practitioner or mid-level practitioner for the purpose of obtaining a prescription-only drug.(b) Unlawfully selling a prescription-only drug is unlawfully obtaining a  prescription-only drug, as defined in subsection (a), and: Selling the prescription-only drug so obtained; (1)offering for sale the prescription-only drug so obtained; or (2)possessing with intent to sell the prescription-only drug so obtained. (3)Unlawfully obtaining a prescription-only drug is a class A nonperson misdemeanor, except that; (c) (1)(2) Unlawfully obtaining a prescription-only drug is a severity level 9,  nonperson felony if that person has a prior conviction of paragraph (1) or K.S.A. 21-4214, prior to its repeal. Unlawfully selling a prescription-only drug is a severity level 6, nonperson felony. (3)As used in this section: (d)(1) "Pharmacist," "practitioner," "mid-level practitioner" and  "prescription-only drug" shall have the meanings ascribed thereto by K.S.A. 65-1626, and amendments thereto. (2) "Prescription order" means an order transmitted in writing, orally, telephonically or by other means of communication for a prescription-only drug to be filled by a pharmacist. "Prescription order" does not mean a drug dispensed pursuant to such an order.(e) The provisions of this section shall not be applicable to prosecutions  involving prescription-only drugs which could be brought under K.S.A. 2010 Supp. 21-36a05 or 21-36a06, and amendments thereto.

Let a trained prescription fraud attorney from our law firm represent you. We have represented hundred of clients throughout Kansas and Missouri. Our Drug Defense Firm is located in Olathe, KS across the street from the Johnson County District Courthouse. We have represented countless clients accused of drug crimes throughout the area, and especially in Overland Park, where the police regularly bust suspects for prescription fraud.