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2008 SESSION

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SB 405 Controlled substances; nonresident pharmacies reporting and approval requirements.

Introduced by: Phillip P. Puckett | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Controlled substances; nonresident pharmacies; penalties. Makes it a Class 1 misdemeanor for any person to manufacture, sell, give, distribute or possess with intent to manufacture, sell, give or distribute a Schedule VI controlled substance or imitation controlled substance in violation of the Drug Control Act. The bill requires a nonresident pharmacy to designate a Virginia-licensed pharmacist to be responsible for compliance with all provisions of the Drug Control Act. A nonresident pharmacy that dispenses more than 50 percent of its total prescription volume pursuant to an original prescription order received as a result of solicitation on the Internet, must disclose to the Pharmacy Board that it has received certain certifications. The bill also allows controlled substances that are illegally shipped to be seized by law enforcement or by an agent of the Board of Pharmacy. This bill is identical to HB 1147.

SUMMARY AS INTRODUCED:

Controlled substances; nonresident pharmacies; penalties. Adds new penalties and increases existing penalties related to controlled substances including: (i) a medical practitioner wrongly prescribing or dispensing a Schedule I or II drug shall be imprisoned for not less than five nor more than 40 years and fined not more than $500,000, and upon a second or subsequent conviction, may be sentenced to imprisonment for life and be fined not more than $500,000, and for Schedule III through V drugs, shall be guilty of a Class 5 felony; (ii) a pharmacist violating any provision of the Drug Control Act shall be guilty of a Class 5 felony for the first offense, and a Class 4 felony for a second or subsequent offense; and (iii) any person wrongfully obtaining a drug through fraud, forgery, misrepresentation, etc., shall be guilty of a Class 5 felony for the first offense and a Class 4 felony for a second or subsequent offense, rather than the current Class 6 felony for all such offenses. Also adds new reporting and approval requirements for nonresident pharmacies doing business over the internet and via electronic mail.