Issuing, obtaining, or attempting to obtain a false (forged, altered, or unauthorized) prescription to obtain drugs (narcotics, controlled substances)—or otherwise deceptively or fraudulently obtaining or attempting to obtain a prescription for a controlled substance—is a crime in every state, and in many states it is a felony offense punishable by jail or prison time. Some common forms of prescription fraud include:
(1) forging a prescription or increases the prescribed quantity of a dangerous drug in a prescription;
(2) issuing a prescription bearing a forged or fictitious signature;
(3) obtaining or attempting to obtain a dangerous drug by using a forged, fictitious, or altered prescription;
(4) obtaining or attempting to obtain a dangerous drug by means of a fictitious or fraudulent telephone call; or
(5) possessing a dangerous drug obtained by a forged, fictitious, or altered prescription or by means of a fictitious or fraudulent telephone call;
(6) obtaining or attempting to obtain a prescription from a health care provider without disclosing the existence of a current prescription for the same or similar drug or by another health care provider (doctor shopping).
Prescription drug fraud laws are usually located in a state’s statutes. Prescription drug fraud is also a crime under federal law. See 21 U.S. Code §843.
In Nevada, prescription fraud is considered a serious offense and is addressed under Nevada Revised Statutes (NRS) 453.391. The law prohibits obtaining, possessing, or using a prescription for a controlled substance by fraud, deceit, misrepresentation, or subterfuge. This includes forging prescriptions, altering prescriptions to increase the quantity of drugs, using a forged or fictitious signature, acquiring drugs through fraudulent phone calls, and 'doctor shopping' to obtain overlapping prescriptions. Depending on the circumstances, such offenses can be charged as misdemeanors or felonies, with penalties ranging from fines to imprisonment. Additionally, under federal law, specifically 21 U.S. Code § 843, it is illegal to commit fraud in connection with obtaining prescription drugs, which can lead to federal charges with their own set of penalties. Individuals accused of prescription fraud in Nevada may face both state and federal charges, and the consequences can be severe, including potential jail or prison time.