Prescription drugs-physician shopping.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0127

ENROLLED ACT NO. 46, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2008 BUDGET SESSION

AN ACT relating to controlled substances; amending the Wyoming Controlled Substances Act of 1971 to further specify illegal means of obtaining and dispensing controlled substances or obtaining prescriptions for controlled substances; amending penalties; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 35
‑
7
‑
1033(a)(iii), by creating
a
new subsection (b) and by
amending and
renumbering (b) as (c) is amended to read:

35
‑
7
‑
1033.

Unlawful acts; distribution; registration; possession; records; counterfeiting; punishment
.

(a)

It is unlawful for any person knowingly or intentionally:

(iii)

To acquire or obtain possession of
,

a

to procure or attempt to procure the administration of
or
to obtain a prescription for any
controlled substance by misrepresentation,

fraud, forgery, deception
or subterfuge
.
;

The conduct prohibited by this paragraph includes but is not limited to:

(A)

Failing to disclose
to a practitioner that the person has
received the same or similar controlled substance or prescription for a controlled substance from another source
within the prior thirty (30) days
;

(B)

Alteration of a prescription or written order for a controlled substance; and

(C)

The use of a false name or address
.

(b)

Except as otherwise provided:

(i)

A person who is convicted upon a plea of guilty or no contest or found guilty of violating paragraph (a)(iii) of this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, and the person may be ordered to receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9
‑
2
‑
2701(c) before sentencing;

(ii)

A person convicted upon a plea of guilty or no contest or found guilty of a second offense of violating paragraph (a)(iii) of this section is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, and the person shall be ordered to receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9
‑
2
‑
2701(c) before sentencing;

(iii)

A person convicted upon a plea of guilty or no contest or found guilty of a third or subsequent offense of violating paragraph (a)(iii) of this section is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both;

(iv)

In the event a substance abuse assessment ordered pursuant to this section is provided by an entity with whom the department of health contracts for treatment services, the costs of the assessment shall be paid by the offender subject to the sliding fee scale adopted pursuant to W.S. 35
‑
1
‑
620 and 35
‑
1
‑
624; provided however, if the assessment is ordered as a result of a felony conviction under this section, the assessment shall be conducted and costs assessed pursuant to W.S. 7
‑
13
‑
1301, et seq.;

(v)

Notwithstanding any other provision of law, the term of probation imposed by a court for a violation of paragraph (a)(iii) of this section for a first or second conviction may exceed the maximum term of imprisonment established for the applicable offense under paragraph (i) or (ii) of this subsection provided the term of probation, together with any extension thereof, shall in no case exceed two (2) years.

(b)
(c)

Except as otherwise provided,

a
ny person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than five (5) years, or fined not more than ten thousand dollars ($10,000.00), or both.

Section 2
.

This act is effective July 1, 2008.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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