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 ofsection 329-38 or rules authorized under section 329-31; however, a licensedmanufacturer or wholesaler may sell or dispense a controlled substance to amaster of a transpacific ship or a person in charge of a transpacific aircraftupon which no physician is regularly employed, for the actual medical needs ofpersons on board such ship or aircraft when not in port; provided schedule I orII controlled substances shall be sold to the master of such ship or person incharge of such aircraft only in accordance with the provisions set forth in 21Code of Federal Regulations, Sections 1301, 1305, and 1307, adopted pursuant toTitle 21, United States Code, Section 821;

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

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

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

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

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

(A)  When dispensing a controlled substancedirectly to an individual, the practitioner or pharmacist shall first obtainand document, in a log book or an electronic database, the full name,identification number, identification type, and signature, whether by actualsignature or by electronic signature capture device, of the individualobtaining the controlled substance.  If the individual does not have any formof proper identification, the pharmacist shall verify the validity of theprescription and identity of the patient with the prescriber, or theirauthorized agent, before dispensing the controlled substance; and

(B)  For mail order prescriptions, thepractitioner or pharmacist shall not be subject to subparagraph (A); providedthat all other requirements of chapter 329 shall apply and that thepractitioner or pharmacist, as part of the initial registration process of anindividual in a mail order prescription drug plan and prior to the controlledsubstance 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 obtainingthe controlled substance.  The practitioner or pharmacist shall also complywith other requirements set forth by rule.

For the purpose of this section, "properidentification" means government-issued identification containing thephotograph, printed name, identification number, and signature of theindividual obtaining the controlled substance;

(7)  Who is a practitioner to predate or pre-signprescriptions to facilitate the obtaining or attempted obtaining of controlledsubstances; or

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

(b)  It shall beunlawful for any person subject to part III of this chapter except apharmacist, to administer, prescribe, or dispense any controlledsubstance without a bona fide physician-patient relationship.

(c)  Any person who violates this section isguilty of a class C felony. [L 1972, c 10, pt of §1; gen ch 1985; am L 1986, c214, §7; am L 1998, c 147, §1; am L 2006, c 69, §4; am L 2008, c 186, §5; am L2009, c 117, §6]