§ 4223. Fraud or deceit

(a) No person shall obtain or attempt to obtain a regulated drug, or procure or attempt to procure the administration of a regulated drug:

(1) by fraud, deceit, misrepresentation, or subterfuge;

(2) by the forgery or alteration of a prescription or of any written order;

(3) by the concealment of a material fact; or

(4) by the use of a false name or the giving of a false address.

(b) Information communicated to a physician in an effort unlawfully to procure a regulated drug or unlawfully to procure the administration of any such drug shall not be deemed a privileged communication.

(c) No person shall willfully make a false statement in, or fail to prepare or obtain or keep, or refuse the inspection or copying under this chapter of, any prescription, order, report, or record required by this chapter.

(d) No person shall, for the purpose of obtaining a regulated drug, falsely assume the title of, or represent himself or herself to be a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person.

(e) No person shall make or utter any false or forged prescription or false or forged written order.

(f) No person shall affix any false or forged label to a package or receptacle containing regulated drugs.

(g) The provisions of this section shall apply to all transactions relating to amounts or types of drugs excepted from the provisions of this chapter by regulation of the Board of Health under section 4204 of this title, in the same way as they apply to transactions relating to any other regulated drug.

(h) Any person who, in the course of treatment, is supplied with regulated drugs or a prescription therefor by one physician and who, without disclosing the fact, is knowingly supplied during such treatment with regulated drugs or a prescription therefor by another physician, shall be guilty of a violation of this section.

(i) A person who violates this section shall be imprisoned not more than two years and one day or fined not more than $5,000.00, or both. (Added 1967, No. 343 (Adj. Sess.), § 23, eff. March 23, 1968; amended 1989, No. 100, § 12.)