155A.23 - PROHIBITED ACTS.
155A.23 PROHIBITED ACTS.
1. A person shall not perform or cause the performance of or aid
and abet any of the following acts:
a. Obtaining or attempting to obtain a prescription drug or
device or procuring or attempting to procure the administration of a
prescription drug or device by:
(1) Engaging in fraud, deceit, misrepresentation, or subterfuge.
(2) Forging or altering a written, electronic, or facsimile
prescription or any written, electronic, or facsimile order.
(3) Concealing a material fact.
(4) Using a false name or giving a false address.
b. Willfully making a false statement in any prescription,
report, or record required by this chapter.
c. For the purpose of obtaining a prescription drug or
device, falsely assuming the title of or claiming to be a
manufacturer, wholesaler, pharmacist, pharmacy owner, physician,
dentist, podiatric physician, veterinarian, or other authorized
person.
d. Making or uttering any false or forged oral, written,
electronic, or facsimile prescription or oral, written, electronic,
or facsimile order.
e. Forging, counterfeiting, simulating, or falsely
representing any drug or device without the authority of the
manufacturer, or using any mark, stamp, tag, label, or other
identification device without the authorization of the manufacturer.
f. Manufacturing, repackaging, selling, delivering, or
holding or offering for sale any drug or device that is adulterated,
misbranded, counterfeit, suspected of being counterfeit, or that has
otherwise been rendered unfit for distribution.
g. Adulterating, misbranding, or counterfeiting any drug or
device.
h. Receiving any drug or device that is adulterated,
misbranded, stolen, obtained by fraud or deceit, counterfeit, or
suspected of being counterfeit, and delivering or proffering delivery
of such drug or device for pay or otherwise.
i. Adulterating, mutilating, destroying, obliterating, or
removing the whole or any part of the labeling of a drug or device or
committing any other act with respect to a drug or device that
results in the drug or device being misbranded.
j. Purchasing or receiving a drug or device from a person who
is not licensed to distribute the drug or device to that purchaser or
recipient.
k. Selling or transferring a drug or device to a person who
is not authorized under the law of the jurisdiction in which the
person receives the drug or device to purchase or possess the drug or
device from the person selling or transferring the drug or device.
l. Failing to maintain or provide records as required by this
chapter, chapter 124, or rules of the board.
m. Providing the board or any of its representatives or any
state or federal official with false or fraudulent records or making
false or fraudulent statements regarding any matter within the scope
of this chapter, chapter 124, or rules of the board.
n. Distributing at wholesale any drug or device that meets
any of the following conditions:
(1) The drug or device was purchased by a public or private
hospital or other health care entity.
(2) The drug or device was donated or supplied at a reduced price
to a charitable organization.
(3) The drug or device was purchased from a person not licensed
to distribute the drug or device.
(4) The drug or device was stolen or obtained by fraud or deceit.
o. Failing to obtain a license or operating without a valid
license when a license is required pursuant to this chapter or
chapter 147.
p. Engaging in misrepresentation or fraud in the distribution
of a drug or device.
q. Distributing a drug or device to a patient without a
prescription drug order or medication order from a practitioner
licensed by law to use or prescribe the drug or device.
r. Distributing a drug or device that was previously
dispensed by a pharmacy or distributed by a practitioner except as
provided by rules of the board.
s. Failing to report any prohibited act.
2. Information communicated to a physician in an unlawful effort
to procure a prescription drug or device or to procure the
administration of a prescription drug shall not be deemed a
privileged communication.
3. Subsection 1, paragraphs "f" and "g", shall not apply
to the wholesale distribution by a manufacturer of a prescription
drug or device that has been delivered into commerce pursuant to an
application approved by the federal food and drug administration. Section History: Recent Form
87 Acts, ch 215, § 23; 95 Acts, ch 108, § 15; 2004 Acts, ch 1036,
§13, 14; 2005 Acts, ch 179, §186; 2009 Acts, ch 41, §196
Referred to in § 155A.24