TITLE 16
CRIMES AND OFFENSES
ARTICLE 2
REGULATION OF CONTROLLED SUBSTANCES
16-13-64. Violations; criminal penalties.
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A dispenser who knowingly and intentionally fails to submit prescription information to the department as required by this part or knowingly and intentionally submits incorrect prescription information shall be guilty of a felony and, upon conviction thereof, shall be punished for each such offense by imprisonment for not less than one year nor more than five years, a fine not to exceed $50,000.00, or both, and such actions shall be reported to the licensing board responsible for issuing such dispenser's dispensing license for action to be taken against such dispenser's license.
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An individual authorized to access PDMP prescription information pursuant to this part who negligently uses, releases, or discloses such information in a manner or for a purpose in violation of this part shall be guilty of a misdemeanor. Any person who is convicted of negligently using, releasing, or disclosing such information in violation of this part shall, upon the second or subsequent conviction, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, a fine not to exceed $5,000.00, or both.
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An individual authorized to access PDMP prescription information pursuant to this part who knowingly obtains or discloses such information in a manner or for a purpose in violation of this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, a fine not to exceed $50,000.00, or both.
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Any person who knowingly obtains, attempts to obtain, or discloses PDMP prescription information pursuant to this part under false pretenses shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, a fine not to exceed $100,000.00, or both.
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Any person who obtains or discloses PDMP prescription information not specifically authorized in this part with the intent to sell, transfer, or use such information for commercial advantage, personal gain, or malicious harm shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than ten years, a fine not to exceed $250,000.00, or both.
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The penalties provided by this Code section are intended to be cumulative of other penalties which may be applicable and are not intended to repeal such other penalties.
(Code 1981, §16-13-64, enacted by Ga. L. 2011, p. 659, § 2/SB 36; Ga. L. 2017, p. 319, § 1-2/HB 249.)
The 2017 amendment,
effective July 1, 2017, substituted "PDMP" for "electronic data base" throughout this Code section; substituted "department" for "agency" near the beginning of subsection (a); substituted "authorized in this part" for "authorized herein" in paragraph (c)(3); deleted former subsection (d), which read: "Any person who is injured by reason of any violation of this part shall have a cause of action for the actual damages sustained and, where appropriate, punitive damages. Such person may also recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred."; and redesignated former subsection (e) as present subsection (d).
Editor's notes.
- Ga. L. 2017, p. 319,
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1-1/HB 249, not codified by the General Assembly, provides: "This part shall be known and may be cited as the 'Jeffrey Dallas Gay, Jr., Act.'"
Law reviews.
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For article, "Crimes and Offenses:
Controlled Substances," see 28 Ga. St. U.L. Rev. 269 (2011). For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 143 (2017).
OPINIONS OF THE ATTORNEY GENERAL
Fingerprinting required.
- Offenses arising from a violation of O.C.G.A.
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16-13-64 are offenses for which fingerprinting is required. 2011 Op. Att'y Gen. No. 11-5.
