Jump To Navigation
Prescription Fraud

Kansas and Missouri Criminal Defense Attorney: Prescription Fraud, Drugs

If you have been charged with prescription fraud in Johnson County or the surrounding Kansas City area, contact us to speak with an experienced lawyer. The Kansas Statute for prescription fraud is K.S.A. 21-4214.

K.S.A. 21-4214

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 42.--CRIMES AGAINST THE PUBLIC SAFETY

21-4214. Obtaining a prescription-only drug by fraudulent means. (a) Obtaining a prescription-only drug by fraudulent means is the:

(1) Making, altering or signing of a prescription order by a person other than a practitioner or a mid-level practitioner; or

(2) delivery of a prescription order, knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner; or

(3) possession of a prescription order with intent to deliver it and knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner; or

(4) possession of a prescription-only drug knowing it to have been obtained pursuant to a prescription order made, altered or signed by a person other than a practitioner or a mid-level practitioner; or

(5) providing false information to a practitioner or mid-level practitioner for the purpose of obtaining a prescription-only drug.

(b) (1) Obtaining a prescription-only drug by fraudulent means is a class A nonperson misdemeanor for the first offense.

(2) Obtaining a prescription-only drug by fraudulent means is a severity level 9, nonperson felony for a second or subsequent offense.

(c) As used in this section:

(1) "Pharmacist," "practitioner," "mid-level practitioner" and "prescription-only drug" shall have the meanings ascribed thereto by K.S.A. 65-1626 and amendments thereto.

(2) "Prescription order" means a written, oral or telephonic order for a prescription-only drug to be filled by a pharmacist. "Prescription order" does not mean a drug dispensed pursuant to such an order.

(d) The provisions of this section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under the uniform controlled substances act and to which the provisions of K.S.A. 65-4127a or 65-4127b, or 65-4160 through 65-4164 and amendments thereto, would be applicable.

(e) This section shall be part of and supplemental to the Kansas criminal code.

The Kansas Statute for prescription fraud with intent to resale is K.S.A. 21-4215.

K.S.A. 21-4215

Chapter 21.--CRIMES AND PUNISHMENTS

PART II.--PROHIBITED CONDUCT

Article 42.--CRIMES AGAINST THE PUBLIC SAFETY

21-4215. Obtaining a prescription-only drug by fraudulent means for resale. (a) Obtaining a prescription-only drug by fraudulent means for resale is the obtaining of a prescription-only drug by fraudulent means as defined in K.S.A. 21-4214, and:

(1) Selling the prescription-only drug so obtained;

(2) offering for sale the prescription-only drug so obtained; or

(3) possessing with intent to sell the prescription-only drug so obtained.

(b) Obtaining a prescription-only drug by fraudulent means for resale is a severity level 6, nonperson felony.

(c) The provisions of this section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under the uniform controlled substances act and to which the provisions of K.S.A. 65-4127a or 65-4127b or 65-4160 through 65-4164, and amendments thereto, would be applicable.

(d) This section shall be part of and supplemental to the Kansas criminal code.

We have represented hundreds of clients dealing with serious criminal charges such as:
Areas of Law