9.17.050 Unlawfully Obtaining a Prescription-Only Drug.
A. Unlawfully obtaining a prescription-only drug is:
1. Making, altering or signing of a prescription order by a person other than a practitioner or mid-level practitioner;
2. Distribution of a prescription order, knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;
3. Possession of a prescription order with intent to distribute it and knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;
4. Possession of a prescription-only drug knowing it to have been obtained pursuant to a prescription order made, altered or signed by a person other than a practitioner or a mid-level practitioner; or
5. Providing false information to a practitioner or mid-level practitioner for the purpose of obtaining a prescription-only drug.
B. As used in this Section:
1. Pharmacist, practitioner, mid-level practitioner and prescription-only drug shall have the meanings ascribed thereto by K.S.A. 65-1626 and amendments thereto.
2. Prescription order means a written, oral or telephone order for a prescription-only drug to be filled by a pharmacist. Prescription order does not mean a drug dispensed pursuant to such an order.
3. “Distribute” means the actual, constructive or attempted transfer from one person to another of some item whether or not there is an agency relationship. “Distribute” includes, but is not limited to, sale, offer for sale or any act that causes some item to be transferred from one person to another. “Distribute” does not include acts of administering, dispensing or prescribing a controlled substance as authorized by the pharmacy act of the state of Kansas, the uniform controlled substances act or otherwise authorized by law.
4. “Drug” means:
a. Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary or any supplement to any of them;
b. substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals;
c. substances, other than food, intended to affect the structure or any function of the body of man or animals; and
d. substances intended for use as a component of any article specified in subparagraph a., b. or c. It does not include devices or their components, parts or accessories.
C. The provisions of this Section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under the Uniform Controlled Substances Act and to which the provisions of K.S.A. 65-4127a or 65-4127b, or K.S.A. Supp. 65-4160 through 65-4164 and amendments thereto, would be applicable. (K.S.A. Supp. 21-5708)
D. Unlawfully obtaining a prescription-only drug is a Class A Public Offense for the first offense. (Ord. 15-66 § 28, 2015; Ord. 12-38 § 16, 2012.)