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One of our local docs recently had a prescription pad stolen. The thief then forged prescriptions for controlled substances and presented the false prescriptions to be filled in another county. I understand that the other county will be prosecuting under the HSC 481.129 Fraud statute. But,do these facts constitute any crime in our county, other than mere theft?
 
Posts: 89 | Location: Snyder, Texas | Registered: November 26, 2003Reply With QuoteReport This Post
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Well, if you can prove that he actually possessed it in your county, there's HSC 481.129(c)(2) ("possesses a prescription for a controlled substance or a prescription form unless the prescription or prescription form is possessed: (bunch of stuff that's not going to apply re doctors, pharmacists, etc.)). Looks like it's a state jail.
 
Posts: 102 | Location: Galveston, Texas | Registered: September 27, 2004Reply With QuoteReport This Post
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Thanks. Don't know how I overlooked that one since that was the statute I started with.
 
Posts: 89 | Location: Snyder, Texas | Registered: November 26, 2003Reply With QuoteReport This Post
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If the script has the doc's DEA number printed on it then you might look at Fraudulent Use or Possession of Identifying Information (Penal Code 32.51).
 
Posts: 151 | Location: Fort Worth, Texas | Registered: February 14, 2001Reply With QuoteReport This Post
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