1. A person commits the offense of fraudulently attempting to obtain a controlled substance if he or she knowingly obtains or attempts to obtain a controlled substance, or knowingly procures or attempts to procure an administration of the controlled substance by fraud. The offense of fraudulently attempting to obtain a controlled substance shall include, but shall not be limited to nor be limited by, the following:
(1) Knowingly making a false statement in any prescription, order, report, or record, required by this chapter or chapter 195;
(2) For the purpose of obtaining a controlled substance, falsely assuming the title of, or representing oneself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, podiatrist, veterinarian, nurse, or other authorized person;
(3) Making or uttering any false or forged prescription or false or forged written order;
(4) Affixing any false or forged label to a package or receptacle containing controlled substances;
(5) Possess a false or forged prescription with intent to obtain a controlled substance.
2. The offense of fraudulently attempting to obtain a controlled substance is a class E felony.
3. Information communicated to a physician in an effort unlawfully to procure a controlled substance or unlawfully to procure the administration of any such drug is not deemed a privileged communication; provided, however, that no physician or surgeon shall be competent to testify concerning any information which he or she may have acquired from any patient while attending him or her in a professional character and which information was necessary to enable him or her to prescribe for such patient as a physician, or to perform any act for him or her as a surgeon.
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