2006 Kansas Code - 21-4214

      21-4214.   Obtaining a prescription-only drug by fraudulent means. (a) Obtaining a prescription-only drug by fraudulent means is the:

      (1)   Making, altering or signing of a prescription order by a person other than a practitioner or a mid-level practitioner; or

      (2)   delivery of a prescription order, knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner; or

      (3)   possession of a prescription order with intent to deliver it and knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner; or

      (4)   possession of a prescription-only drug knowing it to have been obtained pursuant to a prescription order made, altered or signed by a person other than a practitioner or a mid-level practitioner; or

      (5)   providing false information to a practitioner or mid-level practitioner for the purpose of obtaining a prescription-only drug.

      (b) (1)   Obtaining a prescription-only drug by fraudulent means is a class A nonperson misdemeanor for the first offense.

      (2)   Obtaining a prescription-only drug by fraudulent means is a severity level 9, nonperson felony for a second or subsequent offense.

      (c)   As used in this section:

      (1)   "Pharmacist," "practitioner," "mid-level practitioner" and "prescription-only drug" shall have the meanings ascribed thereto by K.S.A. 65-1626 and amendments thereto.

      (2)   "Prescription order" means a written, oral or telephonic order for a prescription-only drug to be filled by a pharmacist. "Prescription order" does not mean a drug dispensed pursuant to such an order.

      (d)   The provisions of this section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under the uniform controlled substances act and to which the provisions of K.S.A. 65-4127a or 65-4127b, or 65-4160 through 65-4164 and amendments thereto, would be applicable.

      (e)   This section shall be part of and supplemental to the Kansas criminal code.

      History:   L. 1979, ch. 86, § 1; L. 1980, ch. 100, § 1; L. 1992, ch. 99, § 1; L. 1993, ch. 291, § 155; L. 1994, ch. 291, § 41; L. 1994, ch. 338, § 7; L. 1999, ch. 115, § 4; Apr. 1, 2000.