Section 178.00. Criminal diversion of prescription medications and prescriptions; definitions  


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  • 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.