Senate Bill 2159

AN ACT TO AMEND SECTION 41-29-144, MISSISSIPPI CODE OF 1972, TO CLARIFY THE OFFENSE OF ACQUIRING OR OBTAINING OR ATTEMPTING TO ACQUIRE OR OBTAIN POSSESSION OR ADMINISTRATION OF, OR PRESCRIPTION FOR, A CONTROLLED SUBSTANCE BY CONCEALMENT OF A MATERIAL FACT, WHICH OFFENSE COULD INCLUDE THE PRACTICE COMMONLY KNOWN AS "DOCTOR SHOPPING"; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-29-144, Mississippi Code of 1972, is amended as follows:

41-29-144. (1) It is unlawful for any person knowingly or intentionally to acquire or obtain * * *~~possession~~ or attempt to acquire or obtain possession of a controlled substance * * * or to procure or attempt to procure the administration of a controlled substance by:

(a) Misrepresentation, fraud, * * *~~forgery,~~ deception or subterfuge * * *.;

(b) The forgery or alteration of a prescription or of any written order;

(d) The use of a false name or the giving of a false address.

(2) It is unlawful for any person knowingly or intentionally to possess, sell, deliver, transfer or attempt to possess, sell, deliver or transfer a false, fraudulent or forged prescription of a practitioner.

(3) Any person who violates this section is guilty of a crime and upon conviction shall be confined for not less than one (1) year nor more than five (5) years and fined not more than One Thousand Dollars ($1,000.00) or both.

(4) Information communicated to a practitioner in an effort unlawfully to procure a controlled substance, or unlawfully to procure the administration of a controlled substance, shall not be deemed a privileged communication.

SECTION 2. This act shall take effect and be in force from and after its passage.