§329-42  Prohibited acts C--penalties.  (a) It is unlawful for any person knowingly or intentionally:

(1)  To distribute as a registrant a controlledsubstance classified in schedule I or II, except pursuant to an order form asrequired by section 329-37;

(2)  To use in the course of the manufacture, distribution,administration, or prescribing of a controlled substance a registration numberthat is fictitious, revoked, suspended, expired, or issued to another person;

(3)  To obtain or attempt to obtain any controlledsubstance or procure or attempt to procure the administration of any controlledsubstance:

(A)  By fraud, deceit, misrepresentation,embezzlement, theft;

(B)  By the forgery or alteration of aprescription or of any written order;

(C)  By furnishing fraudulent medicalinformation or the concealment of a material fact;

(D)  By the use of a false name, patientidentification number, or the giving of false address;

(E)  By the unauthorized use of aphysician's oral call-in number; or

(F)  By the alteration of a prescriptionby the addition of future refills;

(4)  To furnish false or fraudulent materialinformation in, or omit any material information from, any application, report,or other document required to be kept or filed under this chapter, or anyrecord required to be kept by this chapter;

(5)  To make, distribute, or possess any punch, die,plate, stone, or other thing designed to print, imprint, or reproduce thetrademark, trade name, or other identifying mark, imprint, or device of anotheror any likeness of any of the foregoing upon any drug or container or labelingthereof so as to render the drug a counterfeit substance;

(6)  To misapply or divert to the person's own use orother unauthorized or illegal use or to take, make away with, or secrete, withintent to misapply or divert to the person's own use or other unauthorized orillegal use, any controlled substance that shall have come into the person'spossession or under the person's care as a registrant or as an employee of a registrantwho is authorized to possess controlled substances or has access to controlledsubstances by virtue of the person's employment; or

(7)  To make, distribute, possess, or sell anyprescription form, whether blank, faxed, computer generated, photocopied, orreproduced in any other manner without the authorization of the licensedpractitioner.

(b)  Any person who violates this section isguilty of a class C felony. [L 1972, c 10, pt of §1; am L 1991, c 159, §14; amL 1997, c 280, §4; am L 2000, c 98, §6; am L 2006, c 69, §5]; am L 2008, c 186,§6