§329-42 - Prohibited acts C--penalties.
§329-42 Prohibited acts C--penalties. (a)
It is unlawful for any person knowingly or intentionally:
(1) To distribute as a registrant a controlled
substance classified in schedule I or II, except pursuant to an order form as
required by section 329-37;
(2) To use in the course of the manufacture, distribution,
administration, or prescribing of a controlled substance a registration number
that is fictitious, revoked, suspended, expired, or issued to another person;
(3) To obtain or attempt to obtain any controlled
substance or procure or attempt to procure the administration of any controlled
substance:
(A) By fraud, deceit, misrepresentation,
embezzlement, theft;
(B) By the forgery or alteration of a
prescription or of any written order;
(C) By furnishing fraudulent medical
information or the concealment of a material fact;
(D) By the use of a false name, patient
identification number, or the giving of false address;
(E) By the unauthorized use of a
physician's oral call-in number; or
(F) By the alteration of a prescription
by the addition of future refills;
(4) To furnish false or fraudulent material
information in, or omit any material information from, any application, report,
or other document required to be kept or filed under this chapter, or any
record 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 the
trademark, trade name, or other identifying mark, imprint, or device of another
or any likeness of any of the foregoing upon any drug or container or labeling
thereof so as to render the drug a counterfeit substance;
(6) To misapply or divert to the person's own use or
other unauthorized or illegal use or to take, make away with, or secrete, with
intent to misapply or divert to the person's own use or other unauthorized or
illegal use, any controlled substance that shall have come into the person's
possession or under the person's care as a registrant or as an employee of a registrant
who is authorized to possess controlled substances or has access to controlled
substances by virtue of the person's employment; or
(7) To make, distribute, possess, or sell any
prescription form, whether blank, faxed, computer generated, photocopied, or
reproduced in any other manner without the authorization of the licensed
practitioner.
(b) Any person who violates this section is
guilty of a class C felony. [L 1972, c 10, pt of §1; am L 1991, c 159, §14; am
L 1997, c 280, §4; am L 2000, c 98, §6; am L 2006, c 69, §5]; am L 2008, c 186,
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