§ 178.00 Criminal diversion of prescription medications and prescriptions; definitions
PL § 178.00
§ 178.00 Criminal diversion of prescription medications and
prescriptions; definitions.
The following definitions are applicable to this article:
1."Prescription medication or device" means any article for which a prescription is required in order to be lawfully sold, delivered or distributed by any person authorized by law to engage in the practice of the profession of pharmacy.
2."Prescription" means a direction or authorization by means of a written prescription form or an oral prescription which permits a person to lawfully obtain a prescription medication or device from any person authorized to dispense such prescription medication or device.
3."Criminal diversion act" means an act or acts in which a person knowingly:
(a)transfers or delivers, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the recipient has no medical need for it; or
(b)receives, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the seller or transferor is not authorized by law to sell or transfer such prescription medication or device; or
(c)transfers or delivers a prescription in exchange for anything of pecuniary value; or
(d)receives a prescription in exchange for anything of pecuniary value.
