Senate BillNo. 393


Introduced by Senator Walters

February 20, 2013


An act to amend Section 377 of the Penal Code, relating to prescription drugs.

LEGISLATIVE COUNSEL’S DIGEST

SB 393, as introduced, Walters. Prescription drugs: procurement: false representation.

Existing law makes it a misdemeanor for any person, in order to obtain any drug that can be lawfully dispensed by a pharmacist only on prescription, to falsely represent that he or she is a physician or other person who can lawfully prescribe the drug in a telephone communication with a pharmacist.

This bill would make technical, nonsubstantive changes to this provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 377 of the Penal Code is amended to
2read:

3

377.  

Every person who, in order to obtain for himselfbegin insert or herselfend insert
4 orbegin insert forend insert anotherbegin insert person,end insert any drug that can be lawfully dispensed by
5a pharmacist only on prescription, falsely represents himselfbegin insert or
6herselfend insert
to be a physician or other person who can lawfully prescribe
7begin delete suchend deletebegin insert thatend insert drug, or falsely represents that hebegin insert or sheend insert is acting on
8behalf of a person who can lawfully prescribebegin delete suchend deletebegin insert thatend insert drug, in
P2    1a telephone communication with a pharmacist, is guilty of a
2misdemeanor.



O

    99