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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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