| 195.204 |
NARCOTIC NEWS
Drug Law in Missouri 195.204
Drug Law in Missouri 195.204
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Fraudulently attempting to obtain a controlled substance, penalty.
1. A person commits the offense of fraudulently attempting to obtain a
controlled substance if he obtains or attempts to obtain a controlled substance
or procures or attempts to procure the administration of the controlled
substance by fraud, deceit, misrepresentation, or subterfuge; or by the forgery
or alteration of a prescription or of any written order; or by the concealment of a
material fact; or by the use of a false name or the giving of a false address. The
crime of fraudulently attempting to obtain a controlled substance shall include,
but shall not be limited to nor be limited by, the following:
(1) Knowingly making a false statement in any prescription, order, report, or
record, required by sections 195.005 to 195.425;
(2) For the purpose of obtaining a controlled substance, falsely assuming the
title of, or representing oneself to be, a manufacturer, wholesaler, pharmacist,
physician, dentist, podiatrist, veterinarian, or other authorized person;
(3) Making or uttering any false or forged prescription or false or forged written
order;
(4) Affixing any false or forged label to a package or receptacle containing
controlled substances;
(5) Possess a false or forged prescription with intent to obtain a controlled
substance.
2. Fraudulently attempting to obtain a controlled substance is a class D felony.
3. Information communicated to a physician in an effort unlawfully to procure a
controlled substance or unlawfully to procure the administration of any such
drug shall not be deemed a privileged communication; provided, however, that
no physician or surgeon shall be competent to testify concerning any
information which he may have acquired from any patient while attending him
in a professional character and which information was necessary to enable
him to prescribe for such patient as a physician, or to perform any act for him
as a surgeon.
4. The provisions of this section shall apply to all transactions relating to
narcotic drugs under the provisions of section 195.080, in the same way as
they apply to transactions under all other sections.
(L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635)
controlled substance if he obtains or attempts to obtain a controlled substance
or procures or attempts to procure the administration of the controlled
substance by fraud, deceit, misrepresentation, or subterfuge; or by the forgery
or alteration of a prescription or of any written order; or by the concealment of a
material fact; or by the use of a false name or the giving of a false address. The
crime of fraudulently attempting to obtain a controlled substance shall include,
but shall not be limited to nor be limited by, the following:
(1) Knowingly making a false statement in any prescription, order, report, or
record, required by sections 195.005 to 195.425;
(2) For the purpose of obtaining a controlled substance, falsely assuming the
title of, or representing oneself to be, a manufacturer, wholesaler, pharmacist,
physician, dentist, podiatrist, veterinarian, or other authorized person;
(3) Making or uttering any false or forged prescription or false or forged written
order;
(4) Affixing any false or forged label to a package or receptacle containing
controlled substances;
(5) Possess a false or forged prescription with intent to obtain a controlled
substance.
2. Fraudulently attempting to obtain a controlled substance is a class D felony.
3. Information communicated to a physician in an effort unlawfully to procure a
controlled substance or unlawfully to procure the administration of any such
drug shall not be deemed a privileged communication; provided, however, that
no physician or surgeon shall be competent to testify concerning any
information which he may have acquired from any patient while attending him
in a professional character and which information was necessary to enable
him to prescribe for such patient as a physician, or to perform any act for him
as a surgeon.
4. The provisions of this section shall apply to all transactions relating to
narcotic drugs under the provisions of section 195.080, in the same way as
they apply to transactions under all other sections.
(L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635)