2009 Louisiana Laws TITLE 40 Public health and safety :: RS 40:1238.1 Sale, distribution, or possession of legend drug without prescription or order prohibited; exceptions; penalties

§1238.1.  Sale, distribution, or possession of legend drug without prescription or order prohibited; exceptions; penalties

A.  It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or prescription of a physician or licensed health care practitioner as defined in R.S. 40:961(31).  This Section shall not apply to sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his license, or to a common or contract carrier or warehouseman, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment.

B.  It shall be unlawful for any individual, while being supplied with the legend drug Carisoprodol or a prescription for the legend drug Carisoprodol by one health care practitioner, to knowingly and intentionally obtain or seek to obtain the legend drug Carisoprodol or a prescription therefor from a second or subsequent health care practitioner without disclosing the fact of the existing prescription to the practitioner from whom the subsequent prescription of Carisoprodol is being sought.  Such disclosure shall include the date of the prescription, the amount of Carisoprodol prescribed, and the number of refills if any.  The disclosure shall be made in writing by the person obtaining or seeking to obtain Carisoprodol and shall be made a part of the person's medical record by the health care practitioner.  Failure of a practitioner to request the disclosure is not a violation of this Subsection by the practitioner.  As used in this Section, the terms "legend drugs", "prescription", and "health care practitioner" have the same meanings as those terms defined in R.S. 40:961(23), (31), and (33).  As used in this Section, the term "existing" shall mean the period of time within which the prescription was prescribed to be taken.

C.  Any person who violates the provisions of this Section shall be imprisoned, with or without hard labor, for not more than five years and may be sentenced to pay a fine of not more than five thousand dollars.

Acts 2006, No. 565, §1; Acts 2007, No. 287, §1.