Assembly Bill A1863

2013-2014 Legislative Session

Prohibits the use of fraud or deceit to obtain a controlled substance; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A1863 (ACTIVE) - Details

See Senate Version of this Bill:
S4064
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Rpld §3397, Pub Health L; add §220.80, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A1655
2017-2018: A1976
2019-2020: A4314
2021-2022: A5126

2013-A1863 (ACTIVE) - Summary

Prohibits the use of fraud or deceit to obtain a controlled substance.

2013-A1863 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1863

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to  prohibiting  the  use  of
  fraud  or  deceit  to  obtain  a  controlled  substance; and to repeal
  section 3397 of the public health law relating thereto

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

  Section 1. Section 3397 of the public health law is REPEALED.
  S  2.  The penal law is amended by adding a new section 220.80 to read
as follows:
S 220.80 USE OF FRAUD OR DECEIT TO OBTAIN A CONTROLLED SUBSTANCE.
  1. A PERSON IS GUILTY OF USE OF FRAUD OR DECEIT TO OBTAIN A CONTROLLED
SUBSTANCE WHEN HE OR SHE:
  (A)  OBTAINS  OR  ATTEMPTS  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) WILFULLY MAKES A  FALSE  STATEMENT  IN  ANY  PRESCRIPTION,  ORDER,
APPLICATION,  REPORT  OR  RECORD REQUIRED BY ARTICLE THIRTY-THREE OF THE
PUBLIC HEALTH LAW;
  (C) FALSELY ASSUMES THE TITLE OF, OR REPRESENTS HIMSELF OR HERSELF  TO
BE  A  LICENSED MANUFACTURER, DISTRIBUTOR, PHARMACY, PHARMACIST, PRACTI-
TIONER, RESEARCHER, APPROVED INSTITUTIONAL DISPENSER, OR  OTHER  AUTHOR-
IZED PERSON, FOR THE PURPOSE OF OBTAINING A CONTROLLED SUBSTANCE;
  (D)  MAKES  OR  UTTERS  ANY  FALSE  OR FORGED PRESCRIPTION OR FALSE OR
FORGED WRITTEN ORDER;
  (E) AFFIXES 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.
              

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