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Prescription Mishap!

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scaredstraight2

Junior Member
What is the name of your state (only U.S. law)? Texas

I have a friend who attempted to fill a prescription from a sheet that had been xeroxed. The pharmacy noticed the suspicious document and quickly called the doctor. Of course the doctor denied writing the prescription and the pharmacy refused to fill the prescriptions. My friend felt terribly guilty, so they pretended to call and get the status of the prescription to cancel and was then informed of all of the details above. Now, my friend is concerned they will be arrested and thrown in jail. My question is, does my friend have anything to worry about since the prescription was not filled?
 


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Proserpina

Senior Member
scaredstraight2 said:
What is the name of your state (only U.S. law)? Texas

I have a friend who attempted to fill a prescription from a sheet that had been xeroxed. The pharmacy noticed the suspicious document and quickly called the doctor. Of course the doctor denied writing the prescription and the pharmacy refused to fill the prescriptions. My friend felt terribly guilty, so they pretended to call and get the status of the prescription to cancel and was then informed of all of the details above. Now, my friend is concerned they will be arrested and thrown in jail. My question is, does my friend have anything to worry about since the prescription was not filled?
Click to expand...


Yes.

Your friend committed fraud. You..er...I mean your friend... should speak to nobody else about this and if contacted by the authorities, seek legal counsel immediately.
 
C

CavemanLawyer

Senior Member
The crime is the fraud of possessing and presenting the fraudulent prescription. The statute (Health and Safety Code 481.129) actually uses the word "attempt" as one way of committing the crime. So it doesn't matter that they caught the fraud before filling the prescription, its still the same crime. The degree of offense depends on the substance that the person was attempting to obtain and can range from a Class B misdemeanor all the way up to a second degree felony.

Your friend certainly can be charged if the pharmacist notifies the police.
 
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