Section 481.129 - Offense: Fraud(a) A person commits an offense if the person knowingly: (1) distributes as a registrant or dispenser a controlled substance listed in Schedule I or II, unless the person distributes the controlled substance as authorized under the federal Controlled Substances Act (21 U.S.C. Section 801 et seq.);(2) uses in the course of manufacturing, prescribing, or distributing a controlled substance a Federal Drug Enforcement Administration registration number that is fictitious, revoked, suspended, or issued to another person;(3) issues a prescription bearing a forged or fictitious signature;(4) uses a prescription issued to another person to prescribe a Schedule II controlled substance;(5) possesses, obtains, or attempts to possess or obtain a controlled substance or an increased quantity of a controlled substance:(A) by misrepresentation, fraud, forgery, deception, or subterfuge;(B) through use of a fraudulent prescription form;(C) through use of a fraudulent oral or telephonically communicated prescription; or(D) through the use of a fraudulent electronic prescription; or(6) furnishes false or fraudulent material information in or omits material information from an application, report, record, or other document required to be kept or filed under this chapter.(a-1) A person commits an offense if the person, with intent to obtain a controlled substance or combination of controlled substances that is not medically necessary for the person or an amount of a controlled substance or substances that is not medically necessary for the person, obtains or attempts to obtain from a practitioner a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact. For purposes of this subsection, a material fact includes whether the person has an existing prescription for a controlled substance issued for the same period of time by another practitioner.(b) A person commits an offense if the person knowingly or intentionally:(1) makes, distributes, or possesses a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce an actual or simulated trademark, trade name, or other identifying mark, imprint, or device of another on a controlled substance or the container or label of a container for a controlled substance, so as to make the controlled substance a counterfeit substance; or(2) manufactures, delivers, or possesses with intent to deliver a counterfeit substance.(c) A person commits an offense if the person knowingly or intentionally:(1) delivers a prescription or a prescription form for other than a valid medical purpose in the course of professional practice; or(2) possesses a prescription for a controlled substance or a prescription form unless the prescription or prescription form is possessed:(A) during the manufacturing or distribution process;(B) by a practitioner, practitioner's agent, or an institutional practitioner for a valid medical purpose during the course of professional practice;(C) by a pharmacist or agent of a pharmacy during the professional practice of pharmacy;(D) under a practitioner's order made by the practitioner for a valid medical purpose in the course of professional practice; or(E) by an officer or investigator authorized to enforce this chapter within the scope of the officer's or investigator's official duties.(d) An offense under Subsection (a) is: (1) a felony of the second degree if the controlled substance that is the subject of the offense is listed in Schedule I or II;(2) a felony of the third degree if the controlled substance that is the subject of the offense is listed in Schedule III or IV; and(3) a Class A misdemeanor if the controlled substance that is the subject of the offense is listed in Schedule V.(d-1) An offense under Subsection (a-1) is: (1) a felony of the second degree if any controlled substance that is the subject of the offense is listed in Schedule I or II;(2) a felony of the third degree if any controlled substance that is the subject of the offense is listed in Schedule III or IV; and(3) a Class A misdemeanor if any controlled substance that is the subject of the offense is listed in Schedule V.(e) An offense under Subsection (b) is a Class A misdemeanor.(f) An offense under Subsection (c)(1) is:(1) a felony of the second degree if the defendant delivers: (A) a prescription form; or(B) a prescription for a controlled substance listed in Schedule II; and(2) a felony of the third degree if the defendant delivers a prescription for a controlled substance listed in Schedule III, IV, or V.(g) An offense under Subsection (c)(2) is:(1) a state jail felony if the defendant possesses: (A) a prescription form; or(B) a prescription for a controlled substance listed in Schedule II or III; and(2) a Class B misdemeanor if the defendant possesses a prescription for a controlled substance listed in Schedule IV or V.Tex. Health and Safety Code § 481.129
Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1166,Sec. 7, eff. 9/1/2019.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1105,Sec. 11, eff. 9/1/2019.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1268,Sec. 19, eff. 9/1/2016.Amended By Acts 2011, 82nd Leg., R.S., Ch. 1200, Sec. 2, eff. 9/1/2011.Amended By Acts 2001, 77th Leg., ch. 251, Sec. 23, eff. 9/1/2001.Amended By Acts 1997, 75th Leg., ch. 745, Sec. 31, eff. 1/1/1998Amended By Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. 9/1/1994 Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(p), eff. 9/1/1989