Senate Bill S7902

Signed By Governor
2013-2014 Legislative Session

Relates to criminalizing the sale of a controlled substance by a practitioner or pharmacist

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Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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-S7902 (ACTIVE) - Details

See Assembly Version of this Bill:
A10154
Law Section:
Penal Law
Laws Affected:
Amd §220.65, Pen L

2013-S7902 (ACTIVE) - Summary

Relates to criminalizing the sale of a controlled substance by a practitioner or pharmacist.

2013-S7902 (ACTIVE) - Sponsor Memo

2013-S7902 (ACTIVE) - Bill Text download pdf

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

    S. 7902                                                 A. 10154

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

                              June 17, 2014
                               ___________

IN  SENATE  -- Introduced by Sen. HANNON -- (at request of the Governor)
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Rules

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

AN ACT to amend the penal law, in relation to criminalizing the sale  of
  a controlled substance by a practitioner or pharmacist

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

  Section 1.  Section 220.65 of the penal law, as added by  chapter  118
of the laws of 1986, is amended to read as follows:
S  220.65  Criminal sale of a prescription for a controlled substance OR
           OF A CONTROLLED SUBSTANCE BY A PRACTITIONER OR PHARMACIST.
  A person is guilty of criminal sale of a prescription for a controlled
substance OR OF A CONTROLLED SUBSTANCE BY A PRACTITIONER  OR  PHARMACIST
when[,]:  1.  being  a  practitioner, as that term is defined in section
thirty-three hundred two of the public health law, he OR  SHE  knowingly
and  unlawfully sells a prescription for a controlled substance. For the
purposes of this section, a person sells a prescription for a controlled
substance unlawfully when he OR SHE does so other than in good faith  in
the course of his OR HER professional practice; OR
  2.  BEING  A PRACTITIONER OR PHARMACIST, AS THOSE TERMS ARE DEFINED IN
SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW,  HE  OR  SHE,
ACTING  OTHER  THAN  IN  GOOD  FAITH, WHILE PURPORTING TO ACT WITHIN THE
SCOPE OF THE POWER, AUTHORITY AND PRIVILEGES OF HIS OR HER  LICENSE,  AS
THAT  TERM  IS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC
HEALTH LAW, KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE.
  Criminal sale of a prescription FOR A CONTROLLED  SUBSTANCE  OR  OF  A
CONTROLLED  SUBSTANCE BY A PRACTITIONER OR PHARMACIST is a class C felo-
ny.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12107-01-4
              

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