PRESCRIPTION FRAUD 12.10
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: PRESCRIPTION FRAUD
GENERAL ORDER: 12.10
EFFECTIVE: May 1, 2000
RESCINDS: NEW
ACCREDITATION
STANDARDS: CFA NONE
PAGES: 3
CONTENTS:
This order consists of the following numbered sections:
I. INVESTIGATION
II. GLOSSARY
PURPOSE:
To establish guidelines for the investigation of prescription fraud.
SCOPE:
This order applies to all law enforcement members.
DISCUSSION:
The Detective Division is usually responsible for the investigation of cases involving the illegal m-
anufacture, sale, and possession of drugs. However, an officer may be required to approach and apprehend persons in the
process of obtaining a controlled or prescription drug through fraudulent means.
PROCEDURE:
I. INVESTIGATION:
A. General:
Prescription fraud is a term used to describe the unlawful obtaining of a controlled drug from a
pharmacy through a fraudulent prescription. Under F.S. 893.13(7)(a), it is unlawful to obtain or attempt to obtain a
controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge. The charge(s) will be listed on the
arrest affidavit as follows:
1. Obtaining a Controlled Substance by Fraud:
This charge applies to a person who utters or attempts to utter a
forged paper prescription, or uses a telephone to call in a fraudulent prescription to a pharmacist.
2. Possessing a Controlled Substance by Fraud:
This charge applies to a person who receives a controlled
substance from a pharmacist through fraudulent means.
B. Response:
When an attempt to obtain a controlled substance or prescription drug, by fraud, has occurred,
the call will be dispatched to a patrol officer or assigned to a detective depending on the status of the case.
Prescription status will be described as follows:
1. Pending:
(The prescription has not yet been picked up.). The officer will be notified and given the location and
G.O. 12.10
estimated time of the pickup. The officer will arrange to place him or herself out of public sight to await the arrival
of the person picking up the prescription. The officer will wait a reasonable amount of time for the suspect to arrive
or until relieved by a detective.
2. In-progress:
(A suspect is waiting in the pharmacy to pick up the prescription.) The officer will attempt to
observe the suspect receive the drugs. The officer will impound the drugs once the suspect takes possession of the
prescription. The officer will question and/or arrest the subject, as appropriate.
3. Delayed:(The prescription has already been picked up.)
The officer will obtain a detailed physical description
of the suspect and any vehicle information.
C. Evidence:
The original prescription or the pharmacy’s written documentation of the call and the drugs will be
impounded as evidence. The pharmacist will be issued a copy of the Property/Evidence Receipt. Drugs impounded from
the suspect will not be returned to the pharmacist. All controlled substances or prescription drugs impounded will be
placed into property evidence.
D. Documentation:
The officer will document the incident on an Offense Incident Report. The following information
must be included in the report:
1.
Name, address, and telephone number of the pharmacy reporting the fraudulent prescription.
2.
Name, address, telephone number, and any other information regarding the individual presenting the prescription.
3.
Name, address, telephone number, and Drug Enforcement Agency (DEA) number of the physician, dentist, or
(The officer will contact the appropriate doctor to verify that
psychiatrist whose name or prescription was used.
the prescription is fraudulent.)
4.
A copy of the report will be forwarded to the detective division for further investigation and/or documentation.
5.
Any blank prescription form found in the possession of the suspect or in a suspect’s vehicle, is an additional
violation under F.S. 893.13(7)(a)
II. GLOSSARY:
CONTROLLED SUBSTANCE - Any substance defined in F.S. 893.03.
FRAUDULENT PRESCRIPTION - A forged changed or altered written prescription, or a verbal transmission of a
prescription order to a pharmacy for a controlled substance or prescription drug that has not been authorized by a
licensed physician, dentist, or psychiatrist.
PRESCRIPTION - A verbal or written order issued by a licensed physician, dentist or veterinarian for any legal drug,
medication, or controlled substance
PRESCRIPTION DRUG - Any drug or medication (excluding a controlled substance) that is legally dispensed by a
pharmacist, with a prescription issued by a licensed physician, dentist, or veterinarian.
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G.O. 12.10
INDEXING:
ILLEGAL PRESCRIPTIONS
PRESCRIPTION FRAUD
DRAFTED:
RLG/rlg/Aprilt 24, 2000/Filed: PRESCRP12.10
APPROVED:
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta, Florida
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