Selling, Bartering, Giving Away or Obtaining Legend Drugs

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  1. It is unlawful for any person, firm or corporation to possess, sell, barter or give away any drug known as a legend drug, as defined in § 53-10-101, except upon the written prescription of a duly licensed physician; certified physician assistant; nurse authorized pursuant to § 63-6-204 or § 63-9-113, who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-123; a dentist; an optometrist authorized pursuant to § 63-8-102(12); or a veterinarian, and compounded or dispensed by a duly registered pharmacist.
  2. It is unlawful for any person, firm or corporation to obtain or to attempt to obtain a legend drug, or to procure or to attempt to procure the administration of a legend drug, by fraud, deceit, misrepresentation, subterfuge, forgery, alteration of a prescription, by the concealment of a material fact, or by the use of a false name or address.
  3. Under no circumstances shall a nurse practitioner who has met the additional requirements of § 63-7-207(14) to write and sign prescriptions or issue drugs, nor a physician assistant working under a physician's supervision, be delegated the authority to prescribe drugs, whose sole purpose is to cause or perform an abortion, that involve the following:
    1. The writing or signing a prescription for any drug or medication;
    2. The dispensing or administration of any prescribed or legend drug or medication; or
    3. The performing of any procedure that involves the use of a legend drug or medication.


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