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 West Virginia (WV), prescription fraud is considered a serious offense and is addressed under both state and federal laws. Under WV state statutes, activities such as forging prescriptions, altering prescriptions to increase the quantity of drugs, using a forged or fictitious signature on a prescription, obtaining drugs through a forged or altered prescription, or acquiring drugs through fraudulent means, including fictitious phone calls, are illegal. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing existing prescriptions for similar medications, is also a crime. These actions can lead to felony charges, which carry the potential for jail or prison time. Furthermore, prescription drug fraud is a federal crime as outlined in 21 U.S. Code §843, which prohibits the forgery, alteration, or fraudulent acquisition of prescriptions for controlled substances. Penalties under federal law can include fines and imprisonment, and the severity of the punishment typically depends on the nature and circumstances of the offense.