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 South Carolina, prescription fraud is taken very seriously and is addressed under state law, specifically South Carolina Code of Laws Section 44-53-360. This statute makes it illegal to forge, alter, or obtain a prescription for a controlled substance by fraud, deceit, misrepresentation, or subterfuge. It also covers the act of obtaining or attempting to obtain controlled substances by using a false name or giving false information. Prescription fraud can include forging a prescription, using a forged prescription to obtain drugs, doctor shopping, and acquiring drugs through fraudulent calls. The penalties for prescription fraud in South Carolina can be severe, including fines and imprisonment. The length of the prison sentence and the amount of the fine depend on the specific circumstances of the offense and the quantity of the controlled substance involved. Additionally, under federal law, 21 U.S. Code § 843, it is a crime to commit prescription fraud, which can lead to federal charges with their own set of penalties that may include imprisonment, fines, or both.