Kentucky Statutes 218A.140 – Prohibited acts relating to controlled substances — Penalties
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(1) (a) No person shall obtain or attempt to obtain a prescription for a controlled substance by knowingly misrepresenting to, or knowingly withholding information from, a practitioner.
(b) No person shall procure or attempt to procure the administration of a controlled substance by knowingly misrepresenting to, or withholding information from, a practitioner.
(c) No person shall obtain or attempt to obtain a controlled substance or procure or attempt to procure the administration of a controlled substance by the use of a false name or the giving of a false address.
(d) No person shall knowingly make a false statement regarding any prescription, order, report, or record required by this chapter.
(e) No person shall, for the purpose of obtaining a controlled substance, falsely assume the title of or represent himself or herself to be a manufacturer, wholesaler, distributor, repacker, pharmacist, practitioner, or other authorized person.
(f) In order to obtain a controlled substance, no person shall present a prescription for a controlled substance that was obtained in violation of this chapter.
(g) No person shall affix any false or forged label to a package or receptacle containing any controlled substance.
(2) No person shall possess, manufacture, sell, dispense, prescribe, distribute, or administer any counterfeit substance.
(3) No person shall knowingly obtain or attempt to obtain a prescription for a controlled substance without having formed a valid practitioner-patient relationship with the practitioner or his or her designee from whom the person seeks to obtain the prescription.
(4) No person shall knowingly assist a person in obtaining or attempting to obtain a prescription in violation of this chapter.
(5) Any person who violates any subsection of this section shall be guilty of a Class D
felony.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 6, effective June 8, 2011. — Amended
2007 Ky. Acts ch. 124, sec. 2, effective June 26, 2007. — Amended 1998 Ky. Acts ch. 301, sec. 22, effective July 15, 1998. — Amended 1992 Ky. Acts ch. 441, sec. 5, effective July 14, 1992. — Created 1990 Ky. Acts ch. 160, sec. 2, effective July 13,
1990.
(b) No person shall procure or attempt to procure the administration of a controlled substance by knowingly misrepresenting to, or withholding information from, a practitioner.
Terms Used In Kentucky Statutes 218A.140
- Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(a) A practitioner or by his or her authorized agent under his or her immediate supervision and pursuant to his or her order. See Kentucky Statutes 218A.010 - Counterfeit substance: means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance. See Kentucky Statutes 218A.010
- Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Kentucky Statutes 218A.010
- Distribute: means to deliver other than by administering or dispensing a controlled substance. See Kentucky Statutes 218A.010
- Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Kentucky Statutes 218A.010
- Pharmacist: means a natural person licensed by this state to engage in the practice
of the profession of pharmacy. See Kentucky Statutes 218A.010 - Practitioner: means a physician, dentist, podiatrist, veterinarian, scientific investigator, optometrist as authorized in KRS §. See Kentucky Statutes 218A.010
- Prescription: means a written, electronic, or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, signed or given or authorized by a medical, dental, chiropody, veterinarian, optometric practitioner, or advanced practice registered nurse, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals. See Kentucky Statutes 218A.010
(c) No person shall obtain or attempt to obtain a controlled substance or procure or attempt to procure the administration of a controlled substance by the use of a false name or the giving of a false address.
(d) No person shall knowingly make a false statement regarding any prescription, order, report, or record required by this chapter.
(e) No person shall, for the purpose of obtaining a controlled substance, falsely assume the title of or represent himself or herself to be a manufacturer, wholesaler, distributor, repacker, pharmacist, practitioner, or other authorized person.
(f) In order to obtain a controlled substance, no person shall present a prescription for a controlled substance that was obtained in violation of this chapter.
(g) No person shall affix any false or forged label to a package or receptacle containing any controlled substance.
(2) No person shall possess, manufacture, sell, dispense, prescribe, distribute, or administer any counterfeit substance.
(3) No person shall knowingly obtain or attempt to obtain a prescription for a controlled substance without having formed a valid practitioner-patient relationship with the practitioner or his or her designee from whom the person seeks to obtain the prescription.
(4) No person shall knowingly assist a person in obtaining or attempting to obtain a prescription in violation of this chapter.
(5) Any person who violates any subsection of this section shall be guilty of a Class D
felony.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 6, effective June 8, 2011. — Amended
2007 Ky. Acts ch. 124, sec. 2, effective June 26, 2007. — Amended 1998 Ky. Acts ch. 301, sec. 22, effective July 15, 1998. — Amended 1992 Ky. Acts ch. 441, sec. 5, effective July 14, 1992. — Created 1990 Ky. Acts ch. 160, sec. 2, effective July 13,
1990.