Louisiana Revised Statutes 40:971 – Prohibited acts; all schedules
Terms Used In Louisiana Revised Statutes 40:971
- Administer: means to deliver under the auspices of a registered practitioner a controlled dangerous substance to the ultimate user or human research subject by injection, or for inhalation, or ingestion, or by any other means except where otherwise provided by law. See Louisiana Revised Statutes 40:961
- Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser but does not include a common or contract carrier, public warehouseman, or employee thereof. See Louisiana Revised Statutes 40:961
- Controlled dangerous substance: means any substance defined, enumerated, or included in federal or state statute or regulations, 21 C. See Louisiana Revised Statutes 40:961
- Conviction: A judgement of guilt against a criminal defendant.
- Counterfeit controlled dangerous substance: means a controlled dangerous substance which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser. See Louisiana Revised Statutes 40:961
- Dentist: means a person licensed and authorized by law to practice dentistry in this state. See Louisiana Revised Statutes 40:961
- Dispense: means to deliver a controlled dangerous substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See Louisiana Revised Statutes 40:961
- Distribute: means to deliver a controlled dangerous substance whether by physical delivery, administering, subterfuge, furnishing a prescription, or by filling, packaging, labeling or compounding the substance pursuant to the lawful order of a practitioner. See Louisiana Revised Statutes 40:961
- Distributor: means a person who delivers a controlled dangerous substance as herein defined. See Louisiana Revised Statutes 40:961
- Drug: means :
(a) Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Louisiana Revised Statutes 40:961
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Legend drug: means any drug or drug product bearing on the label of the manufacturer or distributor, as required by the federal Food and Drug Administration, the statement "Caution: Federal law prohibits dispensing without prescription". See Louisiana Revised Statutes 40:961
- Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled dangerous substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. See Louisiana Revised Statutes 40:961
- Person: includes any institution whether public or private, hospitals or clinics operated by the state or any of its political subdivisions, and any corporation, association, partnership, or one or more individuals. See Louisiana Revised Statutes 40:961
- Practitioner: means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled dangerous substance in the course of professional practice or research in this state. See Louisiana Revised Statutes 40:961
- Prescribe: means to issue a written request or order for a controlled dangerous substance by a person licensed under this Part for a legitimate medical purpose. See Louisiana Revised Statutes 40:961
- Prescription: means a written request for a drug or therapeutic aid issued by a licensed physician, dentist, veterinarian, osteopath, or podiatrist for a legitimate medical purpose, for the purpose of correcting a physical, mental, or bodily ailment, and acting in good faith in the usual course of his professional practice. See Louisiana Revised Statutes 40:961
- State: means the state of Louisiana. See Louisiana Revised Statutes 40:961
A.(1) It shall be unlawful for any person:
(a) Who is subject to the requirements of this part to distribute or dispense a controlled dangerous substance in violation of this part; or
(b) Who is a licensee to manufacture, distribute, or dispense a controlled dangerous substance to another licensee or other authorized person not authorized by his license; or
(c) To omit, remove, alter, or obliterate a symbol required by the Uniform Controlled Dangerous Substances Law; or
(d) To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice or information required under this part; or
(e) To refuse entry into any premise for inspection as authorized by this part; or
(f) To keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is frequented by persons using controlled dangerous substances in violation of this part for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this part.
(2) Any person who violates this subsection shall be fined not more than fifteen thousand dollars. Such proceeding shall be independent, and not in lieu of, other proceedings under this part or any other law of this state. If the violation is prosecuted by a bill of information or an indictment which alleges that the violation was committed knowingly or intentionally, such person, upon conviction, shall be imprisoned for not more than six months; and, in addition, may be sentenced to pay a fine of not more than five hundred dollars.
B.(1) It shall be unlawful for any person knowingly or intentionally:
(a) To use in the course of the manufacture or distribution of a controlled dangerous substance a license number which is fictitious, revoked, suspended or issued to another person; or
(b) To acquire or obtain possession of a controlled dangerous substance by misrepresentation, fraud, forgery, deception or subterfuge; or
(c) To furnish false or fraudulent material, information in any application, report or other document required to be kept by this part.
(d) 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 of any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit controlled dangerous substance; or
(e) To alter any controlled dangerous substance obtained by prescription without prior approval of the department; or
(f) To alter any prescription for a controlled dangerous substance; provided that this shall not apply to the person issuing the original prescription or the pharmacist pursuant to instructions from the physician; or
(g) To obtain or attempt to obtain a prescription or prescription blank form from a doctor, dentist, or veterinarian for a controlled dangerous substance and/or legend drug by fraud, theft, misrepresentation, deception or subterfuge.
(h) To possess a prescription for a controlled dangerous substance and/or legend drugs without the express consent of the party for whom such prescription was written. For the purposes hereof a legend drug is any drug or drug product bearing on the label of the manufacturer or distributor as required by the Federal Food and Drug Administration the statement “Caution: Federal law prohibits dispensing without prescription.”
(i) To obtain or seek to obtain any controlled dangerous substance or a prescription for a controlled dangerous substance from a health care practitioner, while being supplied with any controlled dangerous substance or a prescription for any controlled dangerous substance by another health care practitioner, without disclosing the fact of the existing prescription to the practitioner from whom the subsequent prescription for a controlled dangerous substance is sought. Failure of a practitioner to request the disclosure is not a violation of this Subsection by the practitioner. The disclosure shall include the name of the controlled dangerous substance, the date of the prescription, the amount of the controlled substance prescribed, and the number of refills if any. The disclosure shall be made in writing by the person obtaining or seeking to obtain the controlled dangerous substance and shall be made a part of the person’s medical record by the health care practitioner. As used in this Section, the term “existing” shall mean the period of time within which the prescription was prescribed to be taken.
(2) Any person who violates this subsection shall be imprisoned, with or without hard labor, for not more than five years; and, in addition may be sentenced to pay a fine of not more than five thousand dollars.
C.(1) It shall be unlawful for a person, including a physician, dentist, podiatrist, or veterinarian, to prescribe, dispense, or administer legally controlled substances beyond his respective prescribing authority or for a purpose other than accepted medical treatment of a disease, condition, or illness.
(2) It shall be unlawful for a pharmacist to dispense legally controlled substances beyond his dispensing authority.
(3) Any person who violates this Subsection shall be subject to the penalties as established for the controlled dangerous substance and the particular criminal act committed in La. Rev. Stat. 40:966 through 967.
D. Every practitioner, as defined in La. Rev. Stat. 40:961, may, if he has a good faith belief that a crime has been committed on the premises, notify local law enforcement authorities when it is believed that an individual has obtained a fraudulent prescription for any controlled dangerous substance or any person has attempted to obtain a fraudulent prescription for any controlled dangerous substance.
E. Every pharmacy in which a controlled dangerous substance is physically obtained by a patient or a patient’s agent shall require every person purchasing, receiving, or otherwise acquiring any controlled dangerous substance to produce a photo identification card, unless the patient or the patient’s agent is known to the pharmacist. The person purchasing, receiving, or otherwise acquiring the controlled dangerous substance prescription does not have to be the specific patient to whom the prescription is issued.
Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §8; Acts 1975, No. 613, §§1, 2; Acts 1975, No. 700, §2; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1988, No. 984, §1; Acts 2006, No. 600, §1; Acts 2007, No. 287, §1.