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 Virginia, prescription fraud is considered a serious criminal offense. Under Virginia Code § 18.2-258.1, it is illegal to forge, alter, or use a false prescription to obtain drugs, particularly controlled substances. This includes forging a prescription, using a prescription with a forged or fictitious signature, obtaining drugs through a forged or altered prescription, or using fraudulent means such as a fictitious phone call to acquire drugs. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing other prescriptions for similar substances, is also illegal. Violations of these laws can result in felony charges, with penalties that may include imprisonment, fines, or both. Furthermore, prescription drug fraud is a federal crime under 21 U.S. Code § 843, which means individuals may also face federal charges for such actions. The specific penalties for prescription fraud can vary based on the circumstances of the case, including the type and amount of the drug obtained and the defendant's criminal history.