S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5126
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MONTESANO,  BLANKENBUSH,  GOODELL, FRIEND --
   Multi-Sponsored by -- M. of A. GUNTHER -- 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 Section 3397 of the public health law is REPEALED.
   § 2. The penal law is amended by adding a new section 220.80  to  read
 as follows:
 § 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.
              

                                                            LBD08620-01-1

 A. 5126                             2
 
   (F) IMPRINTS ON OR AFFIXES 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, WITHOUT DISCLOSING THE FACT, IS SUPPLIED DURING SUCH TREATMENT WITH
 A CONTROLLED SUBSTANCE OR A PRESCRIPTION THEREFOR BY ANOTHER PRACTITION-
 ER  SHALL  BE  GUILTY  OF  USE OF FRAUD OR DECEIT TO OBTAIN A CONTROLLED
 SUBSTANCE.
   USE OF FRAUD OR DECEIT TO OBTAIN A CONTROLLED SUBSTANCE IS A  CLASS  A
 MISDEMEANOR.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.