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| 1.__Prohibited acts.__A person may not perform, cause to be | | performed, aid or abet any violation of this subchapter, including | | the following acts: |
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| | | A.__Providing the board, another official of the State or a | | federal official with false or fraudulent records or making | | false or fraudulent statements regarding a matter within the | | provisions of this subchapter; |
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| | | B.__Obtaining or attempting to obtain a prescription drug by | | fraud, deceit or misrepresentation or engaging in | | misrepresentation or fraud in the distribution of a | | prescription drug; |
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| | | C.__Adulterating, misbranding or counterfeiting a | | prescription drug; |
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| | | D.__Manufacturing, repackaging, selling, transferring, | | delivering, holding or offering for sale a prescription drug | | that is adulterated, misbranded, counterfeited, suspected of | | being counterfeited or otherwise unfit for distribution; |
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| | | E.__Receiving a prescription drug that is adulterated, | | misbranded, stolen, obtained by fraud or deceit, | | counterfeited or suspected of being counterfeited and | | delivering or offering to deliver the prescription drug; and |
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| | | F.__Altering, mutilating, destroying, obliterating or | | removing the whole or part of the label of a prescription | | drug or any other act that misbrands a prescription drug. |
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| | | 2. Penalties.__Notwithstanding the provisions of Title 17-A, | | section 1301, a violation of this subchapter is a Class B offense | | for which a fine of up to $50,000 may be adjudged, unless the | | State proves that the person in violation of this subchapter | | knowingly violated this subchapter, in which case the violation | | is a Class A offense for which a penalty of no more that $500,000 | | may be adjudged. |
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| | | The board shall develop an examination regarding state and | | federal laws governing the wholesale distribution of prescription | | drugs that is to be taken by a designated representative pursuant | | to section 13843, subsection 3, paragraph C. |
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