(a) A dispenser who knowingly and intentionally fails to submit prescription monitoring information as required in section 635b, or knowingly and intentionally submits incorrect prescription information is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment of not more than five years, or to payment of a fine not to exceed $50,000, or both, and the conviction shall be reported to the licensing board for action to be taken against the dispenser’s license.
(b) A practitioner who purposely fails to access the PDMD as required by section 635b(f)(1) is subject to disciplinary action by the licensing board.
(c) An individual authorized to access prescription information in the PDMD who negligently uses, releases, or discloses the information in a manner or for a purpose in violation of this subchapter is guilty of a misdemeanor. Any person who is convicted of negligently using, releasing, or disclosing the information in violation of this subchapter shall, upon a subsequent conviction, be guilty of a felony and shall be sentenced to a term of imprisonment of not more than three years, or to payment of a fine not to exceed $5,000, or both.
(d) (1) An individual authorized to access prescription information in the PDMD who knowingly obtains or discloses the information in a manner or for a purpose in violation of this subchapter is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment of not more than five years, or to payment of a fine not to exceed $50,000, or both.(2) Any person who knowingly obtains, attempts to obtain, or discloses prescription information in the PDMD under false pretenses is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment of not more than five years, or to payment of a fine not to exceed $100,000, or both.(3) Any person who obtains or discloses prescription information in the PDMD with the intent to sell, transfer, or use the information for commercial advantage, personal gain, or malicious harm is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment for not less than two years but not more than ten years, or to payment of a fine not to exceed $250,000, or both.
(1) An individual authorized to access prescription information in the PDMD who knowingly obtains or discloses the information in a manner or for a purpose in violation of this subchapter is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment of not more than five years, or to payment of a fine not to exceed $50,000, or both.
(2) Any person who knowingly obtains, attempts to obtain, or discloses prescription information in the PDMD under false pretenses is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment of not more than five years, or to payment of a fine not to exceed $100,000, or both.
(3) Any person who obtains or discloses prescription information in the PDMD with the intent to sell, transfer, or use the information for commercial advantage, personal gain, or malicious harm is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment for not less than two years but not more than ten years, or to payment of a fine not to exceed $250,000, or both.
(e) The penalties provided in this section are intended to be cumulative of other penalties which may be applicable and are not intended to repeal other penalties.