Is it illegal to fill a prescription under someone else’s name?

Is It Illegal to Fill a Prescription Under Someone Else’s Name?

Filling a prescription under someone else’s name is generally illegal, but there are some nuances to the law. Let’s take a closer look at when it could be illegal, what the penalties are, and potential defenses.

When Is It Illegal?

In most cases, it is illegal to fill or attempt to fill a prescription that was not written for you. This applies even if the other person gave you permission or asked you to pick it up for them. The prescription is a legal document between the prescriber and the patient named on it. By trying to fill or fillling it, you are misrepresenting yourself as that patient to the pharmacist in order to obtain the medication. This constitutes prescription fraud.

Some key points on when it becomes illegal:

• Taking someone else’s prescription to the pharmacy and trying to fill it under their name
• Calling in or altering a prescription to change the name to yourself
• Using someone else’s prescription documents to obtain refills
• Taking possession of someone else’s filled prescription with their name on it

Simply having the prescription or even paying for someone’s prescription that is filled under their own name is not illegal. The crime occurs when you try to obtain possession of the medication prescribed to someone else through misrepresentation.

What Are the Penalties?

The penalties for prescription fraud vary based on state laws, but often include:

• Misdemeanor or felony charges
• Fines ranging from $1000-$100,000+
• Jail time ranging from 6 months to 10+ years
• Probation
• Permanent criminal record

In some cases, the charges may be increased if certain factors are present, like if the crime was done for financial gain or involved a controlled substance. The penalties get much stiffer when the behavior becomes part of an ongoing criminal operation, like obtaining scripts from multiple doctors to fill or resell.

What Are Some Defenses?

There are a few potential defenses that may apply in certain situations:

• Valid prescription – If the prescription was legitimately written for you under your name, there is no crime in filling it.
• Authority/permission – In some states, it may be legal if you have valid authority or permission from the prescribing practitioner to pick up or fill the prescription on someone else’s behalf. This often requires proper documentation.
• Ignorance – You may argue you did not realize it was illegal if this was truly the case. This rarely succeeds as a defense.
• Duress – If you were forced or coerced into committing the crime under threat, this may provide a defense.

However, these defenses have their limitations and vary by state. The strongest defense is showing the prescription was written for you under your name to begin with.

When Is It Legal?

There are some cases where filling a prescription for someone else may be legal:

• You have power of attorney for an incapacitated person and fill their prescriptions for them.
• You are the legal guardian of a child and fill prescriptions written under their name.
• You fill a prescription for your pet that is written under your pet’s name.
• You work for a pharmacy and are filling the prescription as part of your job duties.

However, it is still illegal to fraudulently alter any prescriptions or impersonate the person/animal they were written for. The key is having the authority to act on their behalf vs. claiming to be them.

What About Sharing or Distributing Prescriptions?

It is also illegal to share or distribute your legitimate prescription with anyone else. This includes:

• Giving pills to a friend or family member
• Selling your prescription to others
• Sharing prescription sample packs

Not only does this violate the prescription laws, it can contribute to drug abuse and addiction. There are only a few exceptions, like donating unopened over-the-counter medications to charity drives. But controlled substances require a valid prescription and medical need for each person.

What Should You Do If You Need Someone Else’s Medication?

If you need a medication that was prescribed to someone else, there are legal ways to obtain it:

• Make an appointment with a doctor or prescriber to be evaluated and get your own prescription.
• Have the original patient’s doctor call in a new prescription under your name with their approval.
• Obtain legal authority to fill prescriptions for the patient, like power of attorney.
• Ask the pharmacy about an emergency fill while you seek proper medical care.

While it may seem harmless to use someone else’s medication or fill their unused prescription, prescription fraud has serious legal and health risks. Follow the proper medical channels to stay safe.

The Legal and Ethical Implications

Beyond just being illegal, filling someone else’s prescription can have larger legal and ethical implications:

• It contributes to prescription drug abuse, misuse, and diversion.
• It leads to higher healthcare costs and insurance fraud if billed improperly.
• It bypasses the important doctor-patient relationship and informed consent.
• It risks the patient’s health if they suddenly stop medication.
• It deprives the patient of needed treatment if doses are stolen.

That’s why anti-fraud laws exist – to protect patients, stop drug abuse, and keep insurance costs down. Ethically, the risks outweigh any perceived benefit.

The Takeaway

Except for very limited cases, filling or attempting to fill a prescription in someone else’s name is illegal. It constitutes prescription fraud, carries stiff penalties, and violates ethical standards. If you need a medication, see your own doctor or prescriber. When in doubt, choose the high road – your health and freedom depend on it.

References

Prescription Fraud Brochure, U.S. Department of Justice

Prescription Fraud Fact Sheet, Centers for Medicare and Medicaid Services

Rx Fraud, Rx Abuse Prevention