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 Dakota, the act of issuing, obtaining, or attempting to obtain a false prescription for drugs, including narcotics and controlled substances, is illegal and constitutes a serious offense. Under South Dakota Codified Laws (SDCL) 22-42-2, it is unlawful for any person to fraudulently obtain or attempt to obtain any controlled drug or substance. This includes forging prescriptions, altering prescriptions to increase the quantity, using a forged or fictitious signature, making fraudulent phone calls to obtain drugs, and 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 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.