Can my pharmacist be charged for prescription fraud?

Can My Pharmacist Be Charged for Prescription Fraud?

Have you ever wondered if your pharmacist could get in trouble for prescription fraud? I was curious about this myself. As someone who relies on medications, I want to make sure I can trust the person filling my prescriptions.

After doing some research, I learned pharmacists actually can be charged with prescription fraud under certain circumstances. Let’s take a look at what some of those situations are and what the consequences might be.

What is Prescription Fraud?

Prescription fraud refers to the intentional deception or misrepresentation done to obtain prescription drugs. This includes:

• Forged or altered prescriptions
• Stealing prescription pads
• Pharmacy theft
• Improper prescribing practices
• Illegal sales of prescription drugs

So in short – it’s illegally getting prescription medications, whether for personal use or profit. Definitely not what you expect from the pharmacist you trust with your health!

Can a Pharmacist Commit Prescription Fraud?

Yes, a pharmacist can commit prescription fraud. As the gatekeeper of medications, they have a duty to ensure prescriptions are valid before dispensing drugs. But sometimes that trust gets broken.

According to a Department of Justice report, an estimated 1-2% of pharmacists have abused drugs or engaged in prescription fraud over their career. Yikes!

Usually this happens when a pharmacist gets addicted to a controlled substance like opioids or stimulants. They may start altering prescriptions to obtain more drugs for themselves or to sell. Either way, it’s prescription fraud.

What Laws Are Broken?

There are a few laws that come into play if a pharmacist commits prescription fraud:

• Controlled Substances Act – Illegally distributing controlled substances breaks this federal law.
• State Pharmacy Laws – Each state regulates pharmacy practice. Fraudulent dispensing violates these laws.
• Insurance Fraud Statutes – If government or private insurance is billed for improper prescriptions, that’s insurance fraud.

So pharmacists don’t just face professional discipline – they can be criminally charged! The exact laws vary by state, but prescription fraud often brings multiple felonies.

What Are the Consequences?

A pharmacist charged with prescription fraud faces license discipline up to permanent revocation. But the criminal charges shouldn’t be overlooked:

• Potential prison sentence – Federal law mandates at least 15 days jail time for the first offense. Subsequent convictions ratchet up to multiple years behind bars.
• Fines – Major financial penalties typically starting in the tens of thousands of dollars.
• Restitution – Repaying insurers or patients for fraudulent charges or stolen meds.
• Loss of pharmacy job – Most employers immediately terminate for diversion or theft.

That’s some serious punishment! No pharmacist commits prescription fraud expecting to get caught…but many do. The consequences just aren’t worth the risk.

How Does it Impact Me as a Patient?

As unsettling as pharmacist prescription fraud is, the chances of being directly affected are still low. But here are a few things to watch for:

• If your pharmacist ever seems impaired on duty, report them to their supervisor and licensing board. They could be diverting drugs for personal abuse.
• Carefully review your prescriptions before leaving the pharmacy – verify accuracy, quantity dispensed, pills received, etc. This helps catch errors or theft.
• Monitor your refills more closely if you take controlled medications. Fraud often starts with “borrowing” a few pills here and there from patients’ bottles.

And don’t feel afraid to speak up or switch pharmacies if something seems off. Trust between a patient and pharmacist is paramount.

The Takeaway

The vast majority of pharmacists are ethical professionals dedicated to appropriate medication use. But prescription diversion does happen in rare cases, whether out of addiction or greed.

If a pharmacist engages in this type of fraud, they face severe criminal charges and professional discipline. It violates both federal and state laws related to controlled drugs and insurance billing.

While concerning, patients are unlikely to ever directly experience a pharmacist’s prescription fraud. But staying vigilant about your medications can’t hurt. And don’t hesitate to report suspected abuse – you could prevent harm to the pharmacist and their future patients.

At the end of the day, your pharmacist’s job is to help you get well and stay healthy. Let’s hope all pharmacists live up to that noble goal.