Prescription Fraud Lawyer in Johnson City

What Tennessee Considers Prescription Drug Fraud

Tennessee Code § 53-11-416 prohibits knowingly or intentionally acquiring, obtaining, or attempting to acquire or obtain a controlled substance through misrepresentation, fraud, forgery, deception, or subterfuge. Subterfuge means using a concealed or deceptive method to accomplish an objective. Because the statute covers attempts, an allegation doesn’t necessarily require completed dispensing of medication.

Conduct connected to a prescription drug charge may include:

• Altering a prescription drug label
• Stealing prescription slips
• Forging a doctor’s signature
• Impersonating another person to obtain medication

Doctor shopping generally refers to seeking the same or a similarly acting controlled substance from multiple practitioners without making required disclosures. Tennessee law separately addresses failing to tell a practitioner that a person received the same or similarly acting medication from another practitioner during the previous 30 days.

The Tennessee Controlled Substance Monitoring Database records the statewide dispensing of Schedule II through V medications. Health care practitioners must check the database before dispensing an opioid, benzodiazepine, or Schedule II amphetamine for a new treatment episode and at least once every six months during continuing treatment. They must also report suspected doctor shopping to local law enforcement within five business days.

Felony & Misdemeanor Charges Under Tennessee Law

Obtaining or attempting to obtain a controlled substance by fraud under Tennessee Code § 53-11-416 is punished as a Class D felony under § 53-11-402. This offense is distinct from other prescription-drug violations that carry different classifications and potential penalties.

Failure to disclose receipt of the same or similarly acting medication during the previous 30 days is generally a Class A misdemeanor. The offense becomes a Class E felony when it involves more than 250 units of the drug.

Possessing prescribed medication that belongs to someone else, or giving another person medication that doesn’t belong to them, is a separate Class A misdemeanor. It can carry a fine of up to $2,500 and incarceration for up to one year.

For a first conviction involving acquisition by fraud, Tennessee law permits a suspended sentence conditioned on participation in a rehabilitation program. This provision doesn’t guarantee a suspended sentence. The specific charge, details of the alleged conduct, and prior case history can affect the consequences and legal options in an individual case.

Where Washington County Prescription Fraud Cases Are Heard

Tennessee treats prescription drug fraud as a continuing offense. Criminal venue, meaning the county where a case may legally be prosecuted, can exist where an essential element allegedly occurred or where the patient, pharmacy, or prescriber is located.

Felony prescription fraud cases arising in Johnson City are tried in Washington County Criminal Court, part of Tennessee’s First Judicial District. Drug charges may result from investigations involving the Johnson City Police Department or Washington County Sheriff’s Office. We review the asserted basis for the charge and how the alleged conduct connects to the selected venue.