Tex.
Health & Safety Code Section 481.129
Offense: Fraud
(a)
A person commits an offense if the person knowingly:(1)
distributes as a registrant or dispenser a controlled substance listed in Schedule I or II, unless the person distributes the controlled substance as authorized under the federal Controlled Substances Act (21 U.S.C. Section 801 et seq.);(2)
uses in the course of manufacturing, prescribing, or distributing a controlled substance a Federal Drug Enforcement Administration registration number that is fictitious, revoked, suspended, or issued to another person;(3)
issues a prescription bearing a forged or fictitious signature;(4)
uses a prescription issued to another person to prescribe a Schedule II controlled substance;(5)
possesses, obtains, or attempts to possess or obtain a controlled substance or an increased quantity of a controlled substance:(A)
by misrepresentation, fraud, forgery, deception, or subterfuge;(B)
through use of a fraudulent prescription form;(C)
through use of a fraudulent oral or telephonically communicated prescription; or(D)
through the use of a fraudulent electronic prescription; or(6)
furnishes false or fraudulent material information in or omits material information from an application, report, record, or other document required to be kept or filed under this chapter.(a-1)
A person commits an offense if the person, with intent to obtain a controlled substance or combination of controlled substances that is not medically necessary for the person or an amount of a controlled substance or substances that is not medically necessary for the person, obtains or attempts to obtain from a practitioner a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact. For purposes of this subsection, a material fact includes whether the person has an existing prescription for a controlled substance issued for the same period of time by another practitioner.(b)
A person commits an offense if the person knowingly or intentionally:(1)
makes, distributes, or possesses a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce an actual or simulated trademark, trade name, or other identifying mark, imprint, or device of another on a controlled substance or the container or label of a container for a controlled substance, so as to make the controlled substance a counterfeit substance; or(2)
manufactures, delivers, or possesses with intent to deliver a counterfeit substance.(c)
A person commits an offense if the person knowingly or intentionally:(1)
delivers a prescription or a prescription form for other than a valid medical purpose in the course of professional practice; or(2)
possesses a prescription for a controlled substance or a prescription form unless the prescription or prescription form is possessed:(A)
during the manufacturing or distribution process;(B)
by a practitioner, practitioner’s agent, or an institutional practitioner for a valid medical purpose during the course of professional practice;(C)
by a pharmacist or agent of a pharmacy during the professional practice of pharmacy;(D)
under a practitioner’s order made by the practitioner for a valid medical purpose in the course of professional practice; or(E)
by an officer or investigator authorized to enforce this chapter within the scope of the officer’s or investigator’s official duties.(d)
An offense under Subsection (a) is:(1)
a felony of the second degree if the controlled substance that is the subject of the offense is listed in Schedule I or II;(2)
a felony of the third degree if the controlled substance that is the subject of the offense is listed in Schedule III or IV; and(3)
a Class A misdemeanor if the controlled substance that is the subject of the offense is listed in Schedule V.(d-1)
An offense under Subsection (a-1) is:(1)
a felony of the second degree if any controlled substance that is the subject of the offense is listed in Schedule I or II;(2)
a felony of the third degree if any controlled substance that is the subject of the offense is listed in Schedule III or IV; and(3)
a Class A misdemeanor if any controlled substance that is the subject of the offense is listed in Schedule V.(e)
An offense under Subsection (b) is a Class A misdemeanor.(f)
An offense under Subsection (c)(1) is:(1)
a felony of the second degree if the defendant delivers:(A)
a prescription form; or(B)
a prescription for a controlled substance listed in Schedule II; and(2)
a felony of the third degree if the defendant delivers a prescription for a controlled substance listed in Schedule III, IV, or V.(g)
An offense under Subsection (c)(2) is:(1)
a state jail felony if the defendant possesses:(A)
a prescription form; or(B)
a prescription for a controlled substance listed in Schedule II or III; and(2)
a Class B misdemeanor if the defendant possesses a prescription for a controlled substance listed in Schedule IV or V.
Source:
Section 481.129 — Offense: Fraud, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.129 (accessed Jun. 5, 2024).
