DEA has brought us a case where employee of area practitioner has been calling in prescriptions of Schedule III and IV substances to pharmacies without authorization from employer. Friend or family calls actor complaining of pain. Actor then calls pharmacy with verbal prescription as agent for employer for pain meds. In many instances the ultimate user has never been employer's patient and several ultimate users have confessed the drugs were for recreational use. There is no evidence yet actor received cut of drug or remuneration. Did it as favor but on large scale. I am considering Delivery of Controlled Substance (constructive delivery) and Fraud 481.129(c)(1) - delivers a prescription for other than a valid medical purpose in course of professional practice. Anyone have any thoughts on whether I am on the right track or if there is another state charge available here? The Feds did not want it because not Schedule I or II drugs.

With these facts - my preference would be fraud. You said pain pills- so f3 wo having
To prove quantity..etc

What about the new drug conversion/diversion offense?

Effective 9/1/11, H&SC Sec. 481.1285 makes it a 3F to divert to another person a controlled substance to which the actor has access by virtue of the person's employment.

Thanks for the input Shannon. I did look at that earlier and I was concerned about the fact that the defendant would be the agent (employee) rather than the registrant (employer). Sec. 481.1285(a) does limit application to registrant, etc but neither this statute nor the definitions seem to include the agent under the definition. I am open to your ideas. I am tending to agree with wflanigan but I am "all ears" on any suggestions, including yours if we can include the agent.

Your guess is as good as mine; the statute is brand new. It was certainly aimed at stopping diversions similar to the one you describe, but the devil is always in the details.