THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY STACK, FONTANA, BREWSTER, RAFFERTY, TARTAGLIONE, BROWNE, KASUNIC AND MENSCH, MARCH 7, 2011

REFERRED TO JUDICIARY, MARCH 7, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in forgery and fraudulent practices,

providing for an offense relating to prescriptions and

prescription drugs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 4121.  Prescriptions and prescription drugs.

(a)  Offense defined.--A person commits a felony of the third

degree if he acquires or attempts to acquire a prescription or

prescription order by knowingly misrepresenting or knowingly

withholding information from a practitioner for the sole purpose

of procuring controlled substances for abuse or sale.

(b)  Prima facie evidence of intent.--Prima facie evidence of

an intent to violate this section shall include visits by a

person to multiple doctors or practitioners with the intent of

procuring controlled substances for abuse or sale.

(c)  Definitions.--The words and phrases used in this section

shall have the same meanings given to them in the act of April

14, 1972 (P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act.

Section 2.  This act shall take effect in 60 days.