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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23522
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am curious what the laws in South Carolina are clinics

Customer Question

Hi I am curious what the laws in South Carolina are for weightloss clinics prescribing phentermine does the DEA control that? I have seen two drs for weightloss last month and wasn't sure if i broke the law
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello, and thank you for requesting me.

You can see as many doctors as you want, even for the same condition. What you cannot do, however, is to see multiple doctors so that you can stockpile a controlled substance. That is, if you are seeing two doctors and lying or omitting facts from your history, so that each doctor does not know about the other and you can get twice as much of a controlled substance in the same month, then you would run afoul of your state's doctor shopping laws.

Here's the doctor shopping law in your state:

SECTION 44-53-40. Obtaining certain drugs, devices, preparations or compounds by fraud, deceit, or the like.

(A) It is unlawful for a person to obtain or attempt to obtain a drug or device as defined by Section 39-23-20, or any pharmaceutical preparation, chemical, or chemical compound that is restricted in regard to its sale at retail by:

(1) fraud, deceit, misrepresentation, or subterfuge;

(2) forgery or alteration of a prescription;

(3) falsification in any manner of any record of sale required by law;

(4) use of a false name or the giving of a false address;

(5) concealment of a material fact; or

(6) falsely assuming the title of or representing himself to be a person authorized by the laws of this State to possess such drugs, pharmaceutical preparations, chemicals, chemical compound, or devices.

(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two years, or both for a first offense. Conviction for a second or subsequent offense, is a felony and the person must be fined not more than two thousand dollars or imprisoned not more than five years, or both.

A person must not be convicted of a criminal offense under this section unless it is shown by clear and convincing evidence that the drug, pharmaceutical preparation, chemical, chemical compound, or device would not have been obtained but for the fraud, deceit, misrepresentation, subterfuge, forgery, alteration, falsification, concealment, or other prohibited act allegedly practiced by the accused.

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