Prescription Fraud vs. Prescription Theft: What’s the Difference?

Prescription Fraud vs. Prescription Theft: What’s the Difference?

Prescription medications can be really expensive. Like, crazy expensive. So it’s no surprise that some folks try to get them without paying full price. But there are right ways and wrong ways to go about it.

Getting prescription drugs illegally usually falls into one of two categories – prescription fraud or prescription theft. They sound kinda similar, but there are some important differences. Let’s break it down so you know what’s what.

Prescription Fraud: The Basics

Prescription fraud is when someone tries to get prescription meds in a sneaky or dishonest way. There are a bunch of ways folks commit prescription fraud:

• Doctor shopping – Going to multiple doctors to get multiple prescriptions for the same drugs
• Pharmacy shopping – Bringing one prescription to multiple pharmacies to get more than allowed
• Forging or altering a prescription
• Stealing blank prescription pads and writing fake scripts
• Calling in fake prescriptions while pretending to be a doctor
• Buying scripts from shady online pharmacies

So basically, prescription fraud is lying or deceiving to get extra or unauthorized prescription medications. The person is usually trying to get drugs for themselves, not to sell them. There’s some grey area though – like if someone buys extra pills but then sells a few to friends to help cover the cost. Still fraud, but maybe not full-on drug dealing.

Prescription fraud is often charged as “obtaining a controlled substance by fraud,” which is a felony in most states. Penalties vary but can include hefty fines and years in prison. Defendants sometimes argue they didn’t realize what they were doing was illegal. But just ’cause you didn’t know doesn’t mean you’re off the hook. Ignorance of the law is rarely a successful legal defense.

Prescription Theft: The Basics

Prescription theft is when someone straight-up steals prescription meds, usually from pharmacies or medical facilities. Some common examples:

• Robbing a pharmacy
• Burglarizing a pharmacy after hours
• Stealing drugs from a hospital or clinic
• An employee pocketing pills from inventory

So with prescription theft, the person is taking drugs directly instead of lying or faking to get them. The motivation is usually to sell the drugs illegally for profit, not personal use. Theft involving large quantities or super-potent drugs like fentanyl is gonna be taken really seriously.

Legally, prescription theft can be charged as regular burglary, robbery, larceny, etc. But there are also specific charges like “theft of a controlled substance” that carry stiffer penalties. We’re talking felony charges with years of jail time if convicted.

Overlapping Gray Area

While fraud and theft are different crimes, there can be some overlap between them:

• Someone commits prescription fraud to stockpile pills, then sells some for profit. So they’re diverting drugs for personal use and illegal distribution.
• A pharmacy employee steals some pills for themselves and forges scripts to steal more. So they’re abusing their access and doing fraud.
• A doctor writes real scripts for patients but charges them extra cash under the table. Not exactly fraud, but still illegal.

When charges involve a mix of fraud and theft, prosecutors often pursue the more serious charges with the harshest penalties. Lying to get drugs seems not so bad compared to armed robbery, you know?

Why Does it Matter?

You might be wondering why there’s such a big distinction between prescription fraud and theft. It comes down to motives, methods, and consequences:

• Motives – Fraud is often to get drugs for personal use while theft is to sell for profit. So fraud seems driven more by addiction while theft is about greed.
• Methods – Fraud is lying and deception, theft is taking by force or unauthorized access. Theft seems more aggressive.
• Consequences – Theft diverts huge volumes of drugs rapidly. Fraud does too but more incrementally. So theft worsens shortages faster.

These factors contribute to theft being seen as the more serious crime. The penalties are stiffer too – a pharmacy robbery gets way more jail time than fibbing to a doc for some pills. And when drugs are diverted in bulk via theft, it can really disrupt patient access and healthcare operations.

How to Reduce Diversion

Both prescription fraud and theft are major challenges for the healthcare system. Stopping diversion requires coordinated efforts between doctors, pharmacists, regulators, and law enforcement. Some ways to reduce diversion include:

• Improved inventory tracking and pharmacy security
• Monitoring programs to detect over-prescribing and doctor shopping
• Guidelines for cautious opioid prescribing
• More secure prescription pads and paper
• Patient education about safely using and storing medication
• Sting operations to catch illegal diversion

There’s no one perfect solution. But a combination of vigilance, technology, regulations, and public awareness can help curb diversion while still supporting appropriate patient access.

The Legal Takeaway

Illegal prescription diversion is a big deal with serious penalties. Fraud and theft have important legal distinctions in motives, methods and consequences. Being real clear on the difference can help avoid accidentally crossing the line:

• Prescription fraud = lying, forgery, deception to obtain drugs, often for personal use
• Prescription theft = taking drugs directly without authorization, often to sell for profit

So be careful out there! Only obtain prescription medications legally from your own doctor and pharmacy. Don’t give into the temptation to get meds any other way – it’s just not worth the risk.

References

[1] LegalMatch – Prescription Fraud Laws & Penalties

[2] ASU Center for Problem-Oriented Policing – Prescription Drug Fraud and Misuse

[3] SAMHSA – Prescription Drug Monitoring Programs Guide

[4] COPS Office – Prescription Drug Fraud and Misuse Guide

[5] Grabel & Associates – Prescription Drug Offenses