H

H.B. No. 0127

Prescription drugs-physician shopping.

Sponsored By: Representative(s) Simpson, Gingery and Lubnau and Senator(s) Fecht

AN ACT relating to controlled substances; amending the Wyoming Controlled Substances Act of 1971 to further specify illegal means of obtaining and dispensing controlled substances or obtaining prescriptions for controlled substances; amending penalties; and providing for an effective date.

2/11/2008 Bill Number Assigned

2/12/2008 H Received for Introduction

2/13/2008 H Introduced and Referred to H10

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brown, Buchanan, Childers, Cohee, Craft, Davison, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.

Nays: Representative(s) Brechtel, Diercks and Hales

Ayes 57 Nays 3 Excused 0 Absent 0 Conflicts 0

2/21/2008 H10 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Esquibel, K., Harvey, Landon, Lubnau and Steward

Nays: Representative(s) Hales, Hallinan and Millin

Excused: Representative(s) Iekel

Ayes 5 Nays 3 Excused 1 Absent 0 Conflicts 0

2/21/2008 H Placed on General File

HB0127HS001/ADOPTED

Page 1-line 10 After "(iii)" insert "through (v) and by creating a new paragraph (vi)".

Page 2-line 6 After "for" delete balance of line.

Page 2-line 7 Delete entirely.

Page 2-line 8 Delete "possession of,".

Page 2-After line 21 Insert:

"(iv) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this act, or any record required to be kept by this act; or

(v) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;. or

(vi) To prescribe or dispense to any person known to be acquiring possession of, or to procure administration of, any controlled substance by misrepresentation, fraud, forgery, deception or subterfuge.".

Page 2-line 24 After "(iii)" insert "or (vi)".

Page 3-line 4 After "(iii)" insert "or (vi)". LANDON, CHAIRMAN

HB0127HW001/ADOPTED

Page 2-line 5 Delete "," insert "or".

Page 2-line 8 Delete "or to procure the administration of".

Page 2-lines 23 and 24 Delete entirely, including the House standing committee amendment (HB0127HS001/A) to these lines.

Page 3-lines 1 through 23 Delete entirely, including the House standing committee amendment (HB0127HS001/A) to these lines and insert:

"(b) Except as otherwise provided:

(i) A person who is convicted upon a plea of guilty or no contest or found guilty of violating paragraph (a)(iii) or (vi) of this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, and the person may be ordered to receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9-2-2701(c) before sentencing;

(ii) A person convicted upon a plea of guilty or no contest or found guilty of a second offense of violating paragraph (a)(iii) or (vi) of this section is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, and the person shall be ordered to receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9-2-2701(c) before sentencing;

(iii) A person convicted upon a plea of guilty or no contest or found guilty of a third or subsequent offense of violating either paragraphs (a)(iii) or (vi) of this section is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both;

(iv) In the event a substance abuse assessment orders pursuant to this section is provided by an entity with whom the department of health contracts for treatment services, the costs of the assessment shall be paid by the offender subject to the sliding fee scale adopted pursuant to W.S. 35-1-620 and 35-1-624; provided however, if the assessment is ordered as a result of a felony conviction under this section, the assessment shall be conducted and costs assessed pursuant to W.S. 7-13-1301, et seq.;

(v) Notwithstanding any other provision of law, the term of probation imposed by a court under paragraph (a)(iii) or (vi) of this section for a first or second conviction may exceed the maximum term of imprisonment established for this offense under paragraph (a)(iii) or (vi) of this section provided the term of probation, together with any extension thereof, shall in no case exceed two (2) years.". SIMPSON

2/22/2008 H Passed CoW

2/25/2008 H Passed 2nd Reading

HB0127H3001/ADOPTED (CORRECTED COPY)

Page 3-lines 1 through 23 In paragraph (b)(iv), created by the Simpson committee of the whole amendment (HB0127HW001/A) to these lines, delete "orders" insert "ordered".

Page 3-lines 1 through 23 In the Simpson committee of the whole amendment (HB0127HW001/A) to these lines, delete paragraph (b)(v) entirely and insert:

"(v) Notwithstanding any other provision of law, the term of probation imposed by a court for a violation of paragraph (a)(iii) or (vi) of this section for a first or second conviction may exceed the maximum term of imprisonment established for the applicable offense under paragraph (i) or (ii) of this subsection provided the term of probation, together with any extension thereof, shall in no case exceed two (2) years.". SIMPSON

HB0127H3002/ADOPTED (CORRECTED COPY)

Delete the standing committee amendment (HB0127HS001/A) entirely; further amend as follows:

Page 2-line 6 After "for" delete balance of line.

Page 2-line 7 Delete entirely.

Page 2-line 8 Delete "possession of,".

Page 3-lines 1 through 23 In paragraph (b)(i), created by the Simpson committee of the whole amendment (HB0127HW001/A) to these lines, after "(a)(iii)" delete "or (vi)"; in paragraph (b)(ii), created by the Simpson committee of the whole amendment (HB0127HW001/A) to these lines, after "(a)(iii)" delete "or (vi)"; in paragraph (b)(iii), created by the Simpson committee of the whole amendment (HB0127HW001/A) to these lines, delete "either paragraphs" insert "paragraph"; after "(a)(iii)" delete "or (vi)".

Page 3-lines 1 through 23 In paragraph (b)(v), created by the Simpson third reading amendment (HB0127H3001/AC) to these lines, after "paragraph (a)(iii)" delete "or (vi)". HALLINAN, WARREN

2/26/2008 H Passed 3rd Reading

ROLL CALL

Nays: Representative(s) Brechtel, Diercks and Hales

Ayes 57 Nays 3 Excused 0 Absent 0 Conflicts 0

2/27/2008 S Received for Introduction

2/27/2008 S Introduced and Referred to S10

2/29/2008 S10 Recommended Do Pass

ROLL CALL

Ayes: Senator(s) Fecht, Hastert, Landen and Scott

Excused: Senator(s) Aullman

Ayes 4 Nays 0 Excused 1 Absent 0 Conflicts 0

2/29/2008 S Placed on General File

3/3/2008 S Passed CoW

3/4/2008 S Passed 2nd Reading

3/5/2008 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Aullman, Bebout, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Landen, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern

Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0

3/5/2008 Assigned Number HEA No. 0046

3/6/2008 H Speaker Signed HEA No. 0046

3/7/2008 S President Signed HEA No. 0046

3/12/2008 Governor Signed HEA No. 0046

3/12/2008 Assigned Chapter Number

Chapter No. 0083 Session Laws of Wyoming 2008.