155A.24 - PENALTIES.
155A.24 PENALTIES.
1. Except as otherwise provided in this section, a person who
violates a provision of section 155A.23 or who sells or offers for
sale, gives away, or administers to another person any prescription
drug or device in violation of this chapter commits a public offense
and shall be punished as follows:
a. If the prescription drug is a controlled substance, the
person shall be punished pursuant to section 124.401, subsection 1,
and other provisions of chapter 124, division IV.
b. If the prescription drug is not a controlled substance,
the person, upon conviction of a first offense, is guilty of a
serious misdemeanor. For a second offense, or if in case of a first
offense the offender previously has been convicted of any violation
of the laws of the United States or of any state, territory, or
district thereof relating to prescription drugs or devices, the
offender is guilty of an aggravated misdemeanor. For a third or
subsequent offense or if in the case of a second offense the offender
previously has been convicted two or more times in the aggregate of
any violation of the laws of the United States or of any state,
territory, or district thereof relating to prescription drugs or
devices, the offender is guilty of a class "D" felony.
2. A person who violates any provision of this chapter by
selling, giving away, or administering any prescription drug or
device to a minor is guilty of a class "C" felony.
3. A wholesaler who, with intent to defraud or deceive, fails to
deliver to another person, when required by rules of the board,
complete and accurate pedigree concerning a drug prior to
transferring the drug to another person is guilty of a class "C"
felony.
4. A wholesaler who, with intent to defraud or deceive, fails to
acquire, when required by rules of the board, complete and accurate
pedigree concerning a drug prior to obtaining the drug from another
person is guilty of a class "C" felony.
5. A wholesaler who knowingly destroys, alters, conceals, or
fails to maintain, as required by rules of the board, complete and
accurate pedigree concerning any drug in the person's possession is
guilty of a class "C" felony.
6. A wholesaler who is in possession of pedigree documents
required by rules of the board, and who knowingly fails to
authenticate the matters contained in the documents as required, and
who nevertheless distributes or attempts to further distribute drugs
is guilty of a class "C" felony.
7. A wholesaler who, with intent to defraud or deceive, falsely
swears or certifies that the person has authenticated any documents
related to the wholesale distribution of drugs or devices is guilty
of a class "C" felony.
8. A wholesaler who knowingly forges, counterfeits, or falsely
creates any pedigree, who falsely represents any factual matter
contained in any pedigree, or who knowingly fails to record material
information required to be recorded in a pedigree is guilty of a
class "C" felony.
9. A wholesaler who knowingly purchases or receives drugs or
devices from a person not authorized to distribute drugs or devices
in wholesale distribution is guilty of a class "C" felony.
10. A wholesaler who knowingly sells, barters, brokers, or
transfers a drug or device to a person not authorized to purchase the
drug or device under the jurisdiction in which the person receives
the drug or device in a wholesale distribution is guilty of a class
"C" felony.
11. A person who knowingly manufacturers, sells, or delivers, or
who possesses with intent to sell or deliver, a counterfeit,
misbranded, or adulterated drug or device is guilty of the following:
a. If the person manufactures or produces a counterfeit,
misbranded, or adulterated drug or device; or if the quantity of a
counterfeit, misbranded, or adulterated drug or device being sold,
delivered, or possessed with intent to sell or deliver exceeds one
thousand units or dosages; or if the violation is a third or
subsequent violation of this subsection, the person is guilty of a
class "C" felony.
b. If the quantity of a counterfeit, misbranded, or
adulterated drug or device being sold, delivered, or possessed with
intent to sell or deliver exceeds one hundred units or dosages but
does not exceed one thousand units or dosages; or if the violation is
a second or subsequent violation of this subsection, the person is
guilty of a class "D" felony.
c. All other violations of this subsection shall constitute
an aggravated misdemeanor.
12. A person who knowingly forges, counterfeits, or falsely
creates any label for a drug or device or who falsely represents any
factual matter contained on any label of a drug or device is guilty
of a class "C" felony.
13. A person who knowingly possesses, purchases, or brings into
the state a counterfeit, misbranded, or adulterated drug or device is
guilty of the following:
a. If the quantity of a counterfeit, misbranded, or
adulterated drug or device being possessed, purchased, or brought
into the state exceeds one hundred units or dosages; or if the
violation is a second or subsequent violation of this subsection, the
person is guilty of a class "D" felony.
b. All other violations of this subsection shall constitute
an aggravated misdemeanor.
14. This section does not prevent a licensed practitioner of
medicine, dentistry, podiatry, nursing, veterinary medicine,
optometry, or pharmacy from acts necessary in the ethical and legal
performance of the practitioner's profession.
15. Subsections 1 and 2 shall not apply to a parent or legal
guardian administering, in good faith, a prescription drug or device
to a child of the parent or a child for whom the individual is
designated a legal guardian. Section History: Recent Form
87 Acts, ch 215, § 24; 2005 Acts, ch 179, §187; 2007 Acts, ch 22,
§42; 2008 Acts, ch 1016, §4