| IC 35-48-4-14 |
NARCOTIC NEWS
Drug Law in Indiana IC 35-48-4-14
Drug Law in Indiana IC 35-48-4-14
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Offenses relating to registration labeling and prescription forms
Sec. 14. (a) A person who:
(1) is subject to IC 35-48-3 and who recklessly, knowingly, or intentionally
distributes or dispenses a controlled substance in violation of IC 35-48-3;
(2) is a registrant and who recklessly, knowingly, or intentionally:
(A) manufactures; or
(B) finances the manufacture of;
a controlled substance not authorized by his registration or distributes or
dispenses a controlled substance not authorized by his registration to another
registrant or other authorized person;
(3) recklessly, knowingly, or intentionally fails to make, keep, or furnish a
record, a notification, an order form, a statement, an invoice, or information
required under this article; or
(4) recklessly, knowingly, or intentionally refuses entry into any premises for an
inspection authorized by this article;
commits a Class D felony.
(b) A person who knowingly or intentionally:
(1) distributes as a registrant a controlled substance classified
in schedule I or II, except under an order form as required by IC 35-48-3;
(2) uses in the course of the:
(A) manufacture of;
(B) the financing of the manufacture of; or
(C) distribution of;
a controlled substance a federal or state registration number that is fictitious,
revoked, suspended, or issued to another person;
(3) furnishes false or fraudulent material information in, or omits any material
information from, an application, report, or other document required to be kept
or filed under this article; or
(4) makes, distributes, or possesses a 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 a likeness of any of the
foregoing on a drug or container or labeling thereof so as to render the drug a
counterfeit substance;
commits a Class D felony.
(c) A person who knowingly or intentionally acquires possession of a controlled
substance by misrepresentation, fraud, forgery, deception, subterfuge,
alteration of a prescription order, concealment of a material fact, or use of a
false name or false address commits a Class D felony. However, the offense
is a Class C felony if the person has a prior conviction of an offense under this
subsection.
(d) A person who knowingly or intentionally affixes any false or forged label to a
package or receptacle containing a controlled substance commits a Class D
felony. However, the offense is a Class C felony if the person has a prior
conviction of an offense under this subsection. This subsection does not apply
to law enforcement agencies or their representatives while engaged in
enforcing IC 16-42-19 or this chapter (or IC 16-6-8 before its repeal).
(e) A person who duplicates, reproduces, or prints any prescription pads or
forms without the prior written consent of a practitioner commits a Class D
felony. However, the offense is a Class C felony if the person has a prior
conviction of an offense under this subsection. This subsection does not apply
to the printing of prescription pads or forms upon a written, signed order placed
by a practitioner or pharmacist, by legitimate printing companies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340,
SEC.109; P.L.131-1986, SEC.3; P.L.165-1990, SEC.14; P.L.2-1993, SEC.193.
(1) is subject to IC 35-48-3 and who recklessly, knowingly, or intentionally
distributes or dispenses a controlled substance in violation of IC 35-48-3;
(2) is a registrant and who recklessly, knowingly, or intentionally:
(A) manufactures; or
(B) finances the manufacture of;
a controlled substance not authorized by his registration or distributes or
dispenses a controlled substance not authorized by his registration to another
registrant or other authorized person;
(3) recklessly, knowingly, or intentionally fails to make, keep, or furnish a
record, a notification, an order form, a statement, an invoice, or information
required under this article; or
(4) recklessly, knowingly, or intentionally refuses entry into any premises for an
inspection authorized by this article;
commits a Class D felony.
(b) A person who knowingly or intentionally:
(1) distributes as a registrant a controlled substance classified
in schedule I or II, except under an order form as required by IC 35-48-3;
(2) uses in the course of the:
(A) manufacture of;
(B) the financing of the manufacture of; or
(C) distribution of;
a controlled substance a federal or state registration number that is fictitious,
revoked, suspended, or issued to another person;
(3) furnishes false or fraudulent material information in, or omits any material
information from, an application, report, or other document required to be kept
or filed under this article; or
(4) makes, distributes, or possesses a 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 a likeness of any of the
foregoing on a drug or container or labeling thereof so as to render the drug a
counterfeit substance;
commits a Class D felony.
(c) A person who knowingly or intentionally acquires possession of a controlled
substance by misrepresentation, fraud, forgery, deception, subterfuge,
alteration of a prescription order, concealment of a material fact, or use of a
false name or false address commits a Class D felony. However, the offense
is a Class C felony if the person has a prior conviction of an offense under this
subsection.
(d) A person who knowingly or intentionally affixes any false or forged label to a
package or receptacle containing a controlled substance commits a Class D
felony. However, the offense is a Class C felony if the person has a prior
conviction of an offense under this subsection. This subsection does not apply
to law enforcement agencies or their representatives while engaged in
enforcing IC 16-42-19 or this chapter (or IC 16-6-8 before its repeal).
(e) A person who duplicates, reproduces, or prints any prescription pads or
forms without the prior written consent of a practitioner commits a Class D
felony. However, the offense is a Class C felony if the person has a prior
conviction of an offense under this subsection. This subsection does not apply
to the printing of prescription pads or forms upon a written, signed order placed
by a practitioner or pharmacist, by legitimate printing companies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340,
SEC.109; P.L.131-1986, SEC.3; P.L.165-1990, SEC.14; P.L.2-1993, SEC.193.