13-3412

13-3412. Exceptions and exemptions; burden of
proof; privileged communications

A. The provisions of sections 13-3402 and 13-3403, section 13-3404.01, subsection
A, paragraph 1 and sections 13-3405 through 13-3409 do not apply to:

1. Manufacturers, wholesalers, pharmacies and pharmacists under the provisions of
sections 32-1921 and 32-1961.

2. Medical practitioners, pharmacies and pharmacists while acting in the course of
their professional practice, in good faith and in accordance with generally accepted
medical standards.

3. Persons who lawfully acquire and use such drugs only for scientific purposes.

4. Officers and employees of the United States, this state or a political
subdivision of the United States or this state, while acting in the course of their
official duties.

5. An employee or agent of a person described in paragraphs 1 through 4 of this
subsection, and a registered nurse or medical technician under the supervision of a
medical practitioner, while such employee, agent, nurse or technician is acting in the
course of professional practice or employment, and not on his own account.

6. A common or contract carrier or warehouseman, or an employee of such carrier or
warehouseman, whose possession of drugs is in the usual course of business or employment.

7. Persons lawfully in possession or control of controlled substances authorized by
title 36, chapter 27.

8. The receipt, possession or use, of a controlled substance included in schedule I
of section 36-2512, by any seriously ill or terminally ill patient, pursuant to the
prescription of a doctor in compliance with the provisions of section 13-3412.01.

B. In any complaint, information or indictment and in any action or proceeding
brought for the enforcement of any provision of this chapter the burden of proof of any
such exception, excuse, defense or exemption is on the defendant.

C. In addition to other exceptions to the physician-patient privilege, information
communicated to a physician in an effort to procure unlawfully a prescription-only,
dangerous or narcotic drug, or to procure unlawfully the administration of such drug, is
not a privileged communication.