2623 AAS 3/1/96 S5556.1

HB 2623 - S COMM AMD

By Committee on Health & Long-Term Care

                                                    ADOPTED 3/1/96

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 69.50.403 and 1993 c 187 s 21 are each amended to read as follows:

    (a) It is unlawful for any person knowingly or intentionally:

    (1) To distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by RCW 69.50.307;

    (2) To use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, or issued to another person;

    (3) To obtain or attempt to obtain a controlled substance, or procure or attempt to procure the administration of a controlled substance, (i) by fraud, deceit, misrepresentation, or subterfuge; or (ii) by forgery or alteration of a prescription or any written order; or (iii) by the concealment of material fact; or (iv) by the use of a false name or the giving of a false address.

    (4) To falsely assume the title of, or represent herself or himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.

    (5) To make or utter any false or forged prescription or false or forged written order.

    (6) To affix any false or forged label to a package or receptacle containing controlled substances.

    (7) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter; or

    (8) To possess a false or fraudulent prescription with intent to obtain a controlled substance.

(9) To attempt to illegally obtain controlled substances by providing more than one name to a practitioner when obtaining a prescription for a controlled substance.  If a person's name is legally changed during the time period that he or she is receiving health care from a practitioner, the person shall inform all providers of care so that the medical and pharmacy records for the person may be filed under a single name identifier.

    (b) Information communicated to a practitioner in an effort unlawfully to procure a controlled substance or unlawfully to procure the administration of such substance, shall not be deemed a privileged communication.

    (c) A person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than two years, or fined not more than two thousand dollars, or both."

HB 2623 - S COMM AMD

By Committee on Health & Long-Term Care

                                                    ADOPTED 3/1/96

    On page 1, line 2 of the title, after "substances;" strike the remainder of the title and insert "and amending RCW 69.50.403."

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