PART IV. 
OFFENSES AND PENALTIES



 



§329-41  Prohibited acts B--penalties.  (a) 
It is unlawful for any person:



(1)  Who is subject to part III to distribute,
administer, prescribe, or dispense a controlled substance in violation of
section 329-38 or rules authorized under section 329-31; however, a licensed
manufacturer or wholesaler may sell or dispense a controlled substance to a
master of a transpacific ship or a person in charge of a transpacific aircraft
upon which no physician is regularly employed, for the actual medical needs of
persons on board such ship or aircraft when not in port; provided schedule I or
II controlled substances shall be sold to the master of such ship or person in
charge of such aircraft only in accordance with the provisions set forth in 21
Code of Federal Regulations, Sections 1301, 1305, and 1307, adopted pursuant to
Title 21, United States Code, Section 821;



(2)  Who is a registrant to manufacture a controlled
substance not authorized by the registrant's registration or to distribute or
dispense a controlled substance not authorized by the registrant's registration
to another registrant or another authorized person;



(3)  To refuse or fail to make available, keep, or
furnish any record, notification, order form, prescription, statement, invoice,
or information in patient charts relating to the administration, dispensing, or
prescribing of controlled substances;



(4)  To refuse any lawful entry into any premises for
any inspection authorized by this chapter;



(5)  Knowingly to keep or maintain any store, shop,
warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or
place for the purpose of using these substances or which is used for keeping or
selling them in violation of this chapter or chapter 712, part IV;



(6)  Who is a practitioner or pharmacist to dispense a
controlled substance to any individual not known to the practitioner or
pharmacist, except under the following circumstances:



(A)  When dispensing a controlled substance
directly to an individual, the practitioner or pharmacist shall first obtain
and document, in a log book or an electronic database, the full name,
identification number, identification type, and signature, whether by actual
signature or by electronic signature capture device, of the individual
obtaining the controlled substance.  If the individual does not have any form
of proper identification, the pharmacist shall verify the validity of the
prescription and identity of the patient with the prescriber, or their
authorized agent, before dispensing the controlled substance; and



(B)  For mail order prescriptions, the
practitioner or pharmacist shall not be subject to subparagraph (A); provided
that all other requirements of chapter 329 shall apply and that the
practitioner or pharmacist, as part of the initial registration process of an
individual in a mail order prescription drug plan and prior to the controlled
substance being dispensed, shall obtain all identification information,
including the full name, identification number, identification type, signature,
and a photocopy of a form of proper identification of the individual obtaining
the controlled substance.  The practitioner or pharmacist shall also comply
with other requirements set forth by rule.



For the purpose of this section, "proper
identification" means government-issued identification containing the
photograph, printed name, identification number, and signature of the
individual obtaining the controlled substance;



(7)  Who is a practitioner to predate or pre-sign
prescriptions to facilitate the obtaining or attempted obtaining of controlled
substances; or



(8)  Who is a practitioner to facilitate the issuance
or distribution of a written prescription or to issue an oral prescription for
a controlled substance when not physically in the State.



(b)  It shall be
unlawful for any person subject to part III of this chapter except a
pharmacist, to administer, prescribe, or dispense any controlled
substance without a bona fide physician-patient relationship.



(c)  Any person who violates this section is
guilty of a class C felony. [L 1972, c 10, pt of §1; gen ch 1985; am L 1986, c
214, §7; am L 1998, c 147, §1; am L 2006, c 69, §4; am L 2008, c 186, §5; am L
2009, c 117, §6]