Section 17.30.080. Unlawful administration, prescription, and dispensation of controlled substances.

   (a) A controlled substance classified under federal law or in a schedule set out in AS 11.71.140  -  11.71.190 may not be administered, prescribed, dispensed, or distributed other than for a medical purpose.
   (b) A person who violates (a) of this section, or who otherwise manufactures, distributes, dispenses, or conducts research with a controlled substance in the state without fully complying with 21 U.S.C. 811 - 830 (Controlled Substances Act), and regulations adopted under those sections, is guilty of misconduct involving a controlled substance under AS 11.71.010 - 11.71.060 in the degree appropriate to the circumstances as described in those sections. Upon filing a complaint, information, presentment, or indictment charging a medical assistance provider with misconduct involving a controlled substance under AS 11.71.140 - 11.71.190, the attorney general shall, in writing, notify the commissioner of health and social services of the filing.
   (c) Upon receiving a notice from the attorney general under (b) of this section, the commissioner of health and social services shall immediately undertake a review of all unpaid claims or requests for reimbursements attributable to services claimed to have been provided by the person charged.
   (d) In this section,
        (1) "claims" has the meaning given in AS 47.05.290;
        (2) "medical assistance provider" has the meaning given in AS 47.05.290;
        (3) "medical purpose" means a purpose that is solely medical as opposed to any other purpose, that is reasonably necessary for treatment of a person's illness, injury, or physical or mental health, and that is provided by a practitioner while acting within the usual course of professional practice or research and in accordance with a standard of care generally recognized and accepted within the medical profession in the United States;
        (4) "practitioner" has the meaning given in AS 11.71.900.

Notes

Recent Bills that will modify this

SB 30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES

References

7 AAC 100.910
7 AAC 100.912

History

(Sec. 4 ch 45 SLA 1982; am Sec. 72 ch 6 SLA 1984; am Sec. 18 ch 146 SLA 1986; am Sec. 1, 2 ch 66 SLA 2003)