Title 40. Public Health and Safety

Chapter 4. Food and Drugs

Part X. Uniform Controlled Dangerous Substances Law

40:971.2   Unlawfully prescribing, distributing, dispensing, or assisting in illegally obtaining controlled dangerous substances

A. This Section shall be known as and may be cited as the “Pain Management Clinic Drug Abuse and Overdose Prevention Act”. 

B. It shall be unlawful for a physician, other licensed health care practitioner as defined in R.S. 40:961, or any other person to knowingly or intentionally commit any of the following acts: 

(1) Assist a patient or any other person in obtaining a controlled dangerous substance through misrepresentation, fraud, forgery, deception, or subterfuge. 

(2) Write a prescription for a controlled dangerous substance for a fictitious person. 

(3) Distribute or dispense a controlled dangerous substance to a fictitious person. 

(4) Operate any type of business or establishment where the primary purpose of the business or establishment is the sale, exchange, barter, or trade of a controlled dangerous substance for anything of value through misrepresentation, fraud, forgery, deception, or subterfuge. 

C. Whoever violates the provisions of this Section shall be imprisoned, with or without hard labor, for not more than five years, and in addition may be sentenced to pay a fine of not more than fifty thousand dollars. 

Added by Acts 2005, No. 25, § 1. Amended by Acts 2006, No. 51, § 1.