S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 25, 2013
Introduced by Sens. HANNON, DeFRANCISCO, FUSCHILLO, GALLIVAN, GRISANTI,
LAVALLE, MARTINS, MAZIARZ, RANZENHOFER, YOUNG, ZELDIN -- read twice
and ordered printed, and when printed to be committed to the Committee
AN ACT to amend the penal law, in relation to establishing the class B
felony of criminal sale of a controlled substance by a practitioner or
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 220.66 to
read as follows:
S 220.66 CRIMINAL SALE OF A CONTROLLED SUBSTANCE BY A PRACTITIONER OR
A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE BY A
PRACTITIONER OR PHARMACIST WHEN, BEING A PRACTITIONER OR PHARMACIST, AS
THOSE TERMS ARE DEFINED IN SECTION THIRTY-THREE HUNDRED TWO OF THE
PUBLIC HEALTH LAW, OR A PHARMACY INTERN ACTING IN CONFORMITY WITH THE
PROVISIONS OF SECTION SIXTY-EIGHT HUNDRED SIX OF THE EDUCATION LAW AND
ANY REGULATIONS ADOPTED PURSUANT THERETO IN A REGISTERED PHARMACY, HE OR
SHE KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE. FOR THE
PURPOSES OF THIS SECTION, A PERSON SELLS A CONTROLLED SUBSTANCE UNLAW-
FULLY WHEN HE OR SHE DOES SO OTHER THAN IN GOOD FAITH IN THE COURSE OF
HIS OR HER PROFESSIONAL PRACTICE.
CRIMINAL SALE OF A CONTROLLED SUBSTANCE BY A PRACTITIONER OR PHARMA-
CIST IS A CLASS B FELONY.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.