FRAUDULENT OBTAINING OF A CONTROLLED SUBSTANCE

FRAUDULENT OBTAINING OF A CONTROLLED SUBSTANCE: H.R.S. § 329-42(a)(3) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Fraudulent Obtaining of a Controlled Substance. A person commits the offense of Fraudulent Obtaining of a Controlled Substance if he/she intentionally or knowingly [obtains or attempts to obtain][procures or attempts to procure the administration of] (specify controlled substance) by [fraud][deceit][misrepresentation][embezzlement][theft][the forgery or alteration of a prescription or of any written order][furnishing fraudulent medical information or the concealment of a material fact][the use of a false name, patient identification number, or the giving of false address]. There are two material elements of the offense of Fraudulent Obtaining of a Controlled Substance each of which the prosecution must prove beyond a reasonable doubt. These two elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant [obtained or attempted to obtain][procured or attempted to procure the administration of] (specify controlled substance) by [fraud] [deceit] [misrepresentation][embezzlement][theft][the forgery or alteration of a prescription or of any written order][furnishing fraudulent medical information or the concealment of a material fact][the use of a false name, patient identification number, or giving of false address]; and 2. That the Defendant did so intentionally or knowingly. “Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (1) A practitioner (or, in the practitioner's presence or at the practitioner's direction, by a licensed or registered health care professional acting as the practitioner's authorized agent), or (2) The patient or research subject at the direction or in the presence of the practitioner. "Identification number" means, with respect to a patient: (1) The unique, valid driver's license number of the patient, followed by the two-digit United States Postal Service code for the state issuing the driver's license or, if the patient is a foreign patient, the patient's passport number. If the patient does not have a driver's license, the "identification number" means the patient's social security number, followed by the patient's state of residency code. If the patient is less than eighteen years old and has no such identification, the identification number means the unique number contained on the valid driver's license of the patient's parent or guardian; or (2) If the controlled substance is obtained for an animal, the unique number described in paragraph (1) of the animal's owner. “Prescription” means an order or formula issued by a licensed practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine for the compounding or dispensing of drugs. Notes H.R.S. §§ 329-42(a)(3), 702-206(1) and (2). For definition of states of mind, see instructions: For definition of “attempt” see instructions: Offense Element of Crime "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of part II of H.R.S. Chapter 329.