10 Things to Know About Prescription Fraud and Doctor Shopping Laws in Texas

Prescription Drug Offenses Aren’t Just About Possession — Fraud and Doctor Shopping Can Lead to Felony Charges

Prescription medications like Xanax, Adderall, Hydrocodone, and Codeine may be legal when prescribed — but obtaining them through deception or manipulation can result in serious criminal charges under Texas law. Even people with legitimate medical needs can find themselves facing accusations of prescription fraud or doctor shopping, and the penalties are often felony-level offenses with long-term consequences.

If you’re being investigated or have already been charged, it’s critical to understand the law, your rights, and why hiring a skilled attorney near you is essential from the outset.

Here are 10 key things to know about prescription fraud and doctor shopping in Texas.

1. What Is Prescription Fraud Under Texas Law?

Prescription fraud refers to the act of intentionally obtaining a controlled substance through deception, misrepresentation, or forgery.

Under Tex. Health & Safety Code § 481.129, prescription fraud can include:

• Forging or altering a prescription
• Using a fake patient name or identity
• Calling in a prescription pretending to be a healthcare provider
• Tampering with prescription pads or labels

These offenses are usually classified as State Jail or Third-Degree Felonies, depending on the conduct and the drug involved.

2. What Is Doctor Shopping?

Doctor shopping occurs when a person visits multiple doctors to obtain multiple prescriptions for the same or similar controlled substances without disclosing their other prescriptions.

Texas tracks prescriptions electronically through the Prescription Monitoring Program (PMP), and physicians are required to check this system before prescribing medications in Penalty Groups 2 through 4 (including opioids, benzodiazepines, and stimulants).

Being caught doctor shopping can result in felony charges, even if you never forged a prescription.

3. Possession Is Not Required to Be Charged

You can be charged with prescription fraud even if you never received or used the medication. Simply attempting to fill a forged or altered prescription, or making a false statement to obtain one, is enough for prosecutors to file charges.

That’s why it’s critical to consult a lawyer near you if you’re contacted by law enforcement or a pharmacy investigator — even before you’re formally arrested.

4. Common Medications Involved in Prescription Fraud Cases

Texas prosecutors commonly pursue fraud charges for medications in Penalty Group 3 or 4, including:

• Xanax (Alprazolam)
• Valium (Diazepam)
• Adderall (Amphetamine)
• Hydrocodone / Norco
• Codeine-based cough syrups

These drugs may be lawfully prescribed, but any effort to obtain them without a valid prescription can be treated as a controlled substance offense.

See Prescription Drug Charges in Texas: What You Need to Know for more on unlawful possession and penalties.

5. Even Pharmacy Employees and Medical Professionals Can Be Charged

Prescription fraud laws apply not only to patients — but also to:

• Pharmacists or techs who divert medication
• Doctors who write illegal scripts
• Nurses or staff who steal from inventory or manipulate records

These cases often include additional charges like theft, tampering with government records, or Medicaid fraud. If you’re a licensed professional under investigation, contact a lawyer near you immediately to protect both your freedom and your career.

6. Charges Often Include Multiple Offenses

Prescription fraud cases rarely involve a single count. Defendants are frequently charged with a combination of offenses, such as:

• Prescription fraud
• Forgery (Tex. Penal Code § 32.21)
• Identity theft
• Possession of a controlled substance
• Attempted delivery of a controlled substance

This stacking strategy gives prosecutors more leverage — but also more areas where a skilled defense attorney can challenge the case.

7. Penalties Depend on Drug Type and Conduct

Penalties for prescription fraud in Texas vary based on:

• Type and amount of the drug
• Method used to obtain it (forgery, false identity, etc.)
• Prior convictions or enhancements

Examples:

• Forging a prescription for Xanax or Adderall (PG3/PG2) = State Jail or Third-Degree Felony
• Doctor shopping or deception for Hydrocodone (PG1) = Felony with enhanced sentencing
• Multiple forged scripts or involvement in a larger scheme = Second-Degree Felony or higher

See How Drug Crimes Are Classified in Texas Criminal Courts to understand how felony levels impact sentencing.

8. Prescription Fraud Can Lead to Probation or Diversion — But You Must Act Fast

In some counties, including Fort Bend and Brazoria, prosecutors may offer:

• Pretrial diversion
• Deferred adjudication
• Substance abuse treatment programs

But these options are not guaranteed, especially if enhancements apply. A good attorney near you can advocate early for treatment alternatives — before the case escalates toward trial or harsher sentencing.

9. Prescription Monitoring Program (PMP) Data Is Key Evidence

The State often builds its case using PMP reports, which track:

• The number of doctors a person visited
• Types of medications prescribed
• Fill dates and locations

This data can appear convincing — but it can also contain errors, misidentifications, or incomplete records. A knowledgeable defense attorney will scrutinize PMP data to challenge assumptions and argue against intent or deception.

10. A Skilled Attorney Can Challenge Intent and Suppress Evidence

Intent is key in prescription fraud cases. A strong defense may argue:

• Lack of intent to defraud
• Medical misunderstanding or clerical error
• Mistaken identity or false accusation
• Unlawful search and seizure of prescription records
• Lack of proof the defendant knew the script was forged

Mekisha Walker, former felony prosecutor and seasoned criminal defense attorney, understands how Texas prosecutors build prescription fraud cases — and how to tear them apart with strong motions, early intervention, and strategic negotiation.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/

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