S T A T E   O F   N E W   Y O R K
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    S. 7907                                                 A. 10155

                      S E N A T E - A S S E M B L Y

                              June 17, 2014
                               ___________

IN  SENATE -- Introduced by Sen. MARCELLINO -- (at request of the Gover-
  nor) -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Rules

IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
  A.  Peoples-Stokes)  --  (at request of the Governor) -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to creating  the  offense  of
  prescription medication fraud and deceit

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 178.26  to
read as follows:
S 178.26 FRAUD AND DECEIT RELATED TO CONTROLLED SUBSTANCES.
  1. NO PERSON SHALL WILLFULLY:
  (A) OBTAIN OR ATTEMPT TO OBTAIN A CONTROLLED SUBSTANCE, A PRESCRIPTION
FOR  A  CONTROLLED  SUBSTANCE OR AN OFFICIAL NEW YORK STATE PRESCRIPTION
FORM,
  (I) BY FRAUD, DECEIT, MISREPRESENTATION OR SUBTERFUGE; OR
  (II) BY THE CONCEALMENT OF A MATERIAL FACT; OR
  (III) BY THE USE OF A FALSE NAME OR THE GIVING OF A FALSE ADDRESS;
  (B) MAKE A FALSE STATEMENT IN ANY  PRESCRIPTION,  ORDER,  APPLICATION,
REPORT  OR  RECORD REQUIRED BY ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW;
  (C) FALSELY ASSUME THE TITLE OF, OR REPRESENT HIMSELF OR HERSELF TO BE
A LICENSED MANUFACTURER, DISTRIBUTOR, PHARMACY, PHARMACIST,  PRACTITION-
ER, RESEARCHER, APPROVED INSTITUTIONAL DISPENSER, OWNER OR EMPLOYEE OF A
REGISTERED  OUTSOURCING  FACILITY  OR  OTHER  AUTHORIZED PERSON, FOR THE
PURPOSE OF OBTAINING A CONTROLLED SUBSTANCE AS THESE TERMS  ARE  DEFINED
IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW;
  (D)  MAKE OR UTTER ANY FALSE OR FORGED PRESCRIPTION OR FALSE OR FORGED
WRITTEN ORDER;
  (E) AFFIX ANY FALSE  OR  FORGED  LABEL  TO  A  PACKAGE  OR  RECEPTACLE
CONTAINING CONTROLLED SUBSTANCES; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD12106-01-4

S. 7907                             2                           A. 10155

  (F)  IMPRINT ON OR AFFIX TO ANY CONTROLLED SUBSTANCE A FALSE OR FORGED
CODE NUMBER OR SYMBOL.
  2.  POSSESSION  OF  A  FALSE  OR  FORGED PRESCRIPTION FOR A CONTROLLED
SUBSTANCE BY ANY PERSON OTHER THAN A PHARMACIST IN THE LAWFUL  PURSUANCE
OF  HIS  OR  HER  PROFESSION SHALL BE PRESUMPTIVE EVIDENCE OF HIS OR HER
INTENT TO USE  THE  SAME  FOR  THE  PURPOSE  OF  ILLEGALLY  OBTAINING  A
CONTROLLED SUBSTANCE.
  3.  POSSESSION OF A BLANK OFFICIAL NEW YORK STATE PRESCRIPTION FORM BY
ANY PERSON TO WHOM IT WAS  NOT  LAWFULLY  ISSUED  SHALL  BE  PRESUMPTIVE
EVIDENCE OF SUCH PERSON'S INTENT TO USE SAME FOR THE PURPOSE OF ILLEGAL-
LY OBTAINING A CONTROLLED SUBSTANCE.
  4.  ANY  PERSON  WHO,  IN  THE COURSE OF TREATMENT, IS SUPPLIED WITH A
CONTROLLED SUBSTANCE OR A PRESCRIPTION THEREFOR BY ONE PRACTITIONER  AND
WHO WITH THE INTENT TO DECEIVE, INTENTIONALLY WITHHOLDS OR INTENTIONALLY
FAILS  TO  DISCLOSE  THE  FACT, IS SUPPLIED DURING SUCH TREATMENT WITH A
CONTROLLED SUBSTANCE OR A PRESCRIPTION THEREFOR BY ANOTHER  PRACTITIONER
SHALL BE GUILTY OF A VIOLATION OF THIS ARTICLE.
  5.  THE  PROVISIONS OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
NINETY-SIX OF THE PUBLIC HEALTH LAW SHALL APPLY TO THIS SECTION.
  FRAUD AND DECEIT RELATED TO CONTROLLED SUBSTANCES IS A CLASS A  MISDE-
MEANOR.
  S 2. This act shall take effect immediately.