195.204. 1. A person commits the offense of fraudulently attempting to obtain a controlled substance if he obtains or attempts to obtain a controlled substance or procures or attempts to procure the administration of the controlled substance by fraud, deceit, misrepresentation, or subterfuge; or by the forgery or alteration of a prescription or of any written order; or by the concealment of a material fact; or by the use of a false name or the giving of a false address. The crime of fraudulently attempting to obtain a controlled substance shall include, but shall not be limited to nor be limited by, the following:
(1) Knowingly making a false statement in any prescription, order, report, or record, required by sections 195.005 to 195.425;
(2) For the purpose of obtaining a controlled substance, falsely assuming the title of, or representing oneself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, podiatrist, veterinarian, or other authorized person;
(3) Making or uttering any false or forged prescription or false or forged written order;
(4) Affixing any false or forged label to a package or receptacle containing controlled substances;
(5) Possess a false or forged prescription with intent to obtain a controlled substance.
2. Fraudulently attempting to obtain a controlled substance is a class D felony.
3. Information communicated to a physician in an effort unlawfully to procure a controlled substance or unlawfully to procure the administration of any such drug shall not be deemed a privileged communication; provided, however, that no physician or surgeon shall be competent to testify concerning any information which he may have acquired from any patient while attending him in a professional character and which information was necessary to enable him to prescribe for such patient as a physician, or to perform any act for him as a surgeon.
4. The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of section 195.080, in the same way as they apply to transactions under all other sections.
(L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635)
Transferred 2014; now 579.045; Effective 1-01-17
Missouri General Assembly