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Member |
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? | ||
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Member |
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. | |||
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Member |
Thanks. Don't know how I overlooked that one since that was the statute I started with. | |||
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Member |
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). | |||
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