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 practitioner's oral call-in number;

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

(G) By the unauthorized use of a practitioner's electronic prescription application; or

(H) By the unauthorized transmission of an electronic prescription;

(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, electronically transmitted, 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, 6; am L 2013, c 20, 4]



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