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 Nebraska, prescription fraud is considered a serious offense and is addressed under various statutes. According to Nebraska Revised Statute 28-414, it is illegal to knowingly or intentionally possess, obtain, or attempt to obtain a controlled substance by fraud, deceit, misrepresentation, or subterfuge. This includes forging prescriptions, altering prescriptions to increase the quantity of drugs, or using a forged or fictitious signature on a prescription. It is also unlawful to acquire controlled substances through fraudulent phone calls or by possessing drugs obtained through such means. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing existing prescriptions for similar medications, is prohibited. The penalties for prescription fraud in Nebraska can range from a Class IV misdemeanor for first-time offenders possessing a very small amount of a controlled substance to a Class II felony for more serious offenses involving larger quantities or distribution. Federal law also criminalizes prescription drug fraud under 21 U.S. Code § 843, which can lead to additional penalties if the fraudulent activities cross state lines or involve federal enforcement agencies.