§ 35-48-4-14 — Offenses relating to registration labeling and prescription forms

Indiana § 35-48-4-14

• Jurisdiction: Indiana
• Art. 48: CONTROLLED SUBSTANCES
• Ch. 4: Offenses Relating to Controlled Substances

Text

(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 the person's registration
or distributes or dispenses a controlled substance not authorized
by the person's 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 Level 6 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 Level 6 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 Level 6 felony.
However, the offense is a Level 5 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 Level 6 felony. However, the offense is a Level
5 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 Level 6 felony. However, the offense is a Level 5 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; P.L.158-2013, SEC.642.