senate Bill S5260B

2011-2012 Legislative Session

Relates to criminal diversion of prescription medications and prescriptions, establishing certain other offenses related thereto

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Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2012 referred to codes
delivered to assembly
passed senate
Feb 07, 2012 advanced to third reading
amended 5260c
Feb 06, 2012 2nd report cal.
Jan 31, 2012 1st report cal.161
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 14, 2011 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1247
Jun 13, 2011 committee discharged and committed to rules
Jun 10, 2011 print number 5260b
amend and recommit to codes
Jun 02, 2011 print number 5260a
amend (t) and recommit to codes
May 03, 2011 referred to codes

S5260 - Details

See Assembly Version of this Bill:
A7251B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§178.00 - 178.25, add §178.30, Art 179 §§179.00 - 179.15, Title M Art 219 §§219.00 - 219.30, Pen L

S5260 - Summary

Relates to criminal diversion of prescription medications and prescriptions; establishes the offense of fraudulent prescription, dispensing and procurement of non-controlled substance prescription medications and devices; establishes the offense of unlawful possession of non-controlled substance prescription medications and devices.

S5260 - Sponsor Memo

S5260 - Bill Text download pdf

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

                                  5260

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in  relation  to  criminal  diversion  of
  prescription  medications  and prescriptions, establishing the offense
  of fraudulent prescription, dispensing and  procurement  of  non-cont-
  rolled substance prescription medications and devices and establishing
  the   offense  of  unlawful  possession  of  non-controlled  substance
  prescription medications and devices

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

  Section  1.  Paragraphs (c) and (d) of subdivision 3 of section 178.00
of the penal law, as added by chapter  81  of  the  laws  of  1995,  are
amended to read as follows:
  (c)   RECEIVES,  IN  EXCHANGE  FOR  ANYTHING  OF  PECUNIARY  VALUE,  A
PRESCRIPTION MEDICATION OR DEVICE FROM A LAW ENFORCEMENT OFFICER  ACTING
IN  AN  UNDERCOVER  CAPACITY  OR  HIS  OR HER AGENT, BELIEVING OR HAVING
REASONABLE GROUND TO BELIEVE THAT THE OFFICER OR HIS  OR  HER  AGENT  IS
SOMEONE  WHO  IS  NOT  AUTHORIZED  BY  LAW  TO  SELL  OR  TRANSFER  SUCH
PRESCRIPTION MEDICATION OR DEVICE; OR
  (D) transfers or delivers a prescription in exchange for  anything  of
pecuniary value; or
  [(d)]  (E) receives a prescription in exchange for anything of pecuni-
ary value.
  S 2. Paragraph (c) of subdivision 1 of section  178.05  of  the  penal
law,  as added by chapter 81 of the laws of 1995, is amended and two new
paragraphs (d) and (e) are added to read as follows:
  (c) a person acting in good faith WHO  IS  seeking  [treatment  for  a
medical  condition or assisting another person to obtain treatment for a
medical condition] TO OBTAIN A PRESCRIPTION, PRESCRIPTION MEDICATION  OR
DEVICE THAT HAS BEEN LAWFULLY PRESCRIBED TO HIM OR HER, AND FOR WHICH HE
OR SHE HAS A MEDICAL NEED; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10939-01-1

Co-Sponsors

S5260A - Details

See Assembly Version of this Bill:
A7251B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§178.00 - 178.25, add §178.30, Art 179 §§179.00 - 179.15, Title M Art 219 §§219.00 - 219.30, Pen L

S5260A - Summary

Relates to criminal diversion of prescription medications and prescriptions; establishes the offense of fraudulent prescription, dispensing and procurement of non-controlled substance prescription medications and devices; establishes the offense of unlawful possession of non-controlled substance prescription medications and devices.

S5260A - Sponsor Memo

S5260A - Bill Text download pdf

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

                                 5260--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  penal law, in relation to criminal diversion of
  prescription medications and prescriptions, establishing  the  offense
  of  fraudulent  prescription,  dispensing and procurement of non-cont-
  rolled substance prescription medications and devices, and  establish-
  ing  the  offense  of  unlawful possession of non-controlled substance
  prescription medications and devices

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

  Section 1.  Section 178.00 of the penal law, as added by chapter 81 of
the laws of 1995, is amended to read as follows:
S 178.00 Criminal    diversion    of    prescription   medications   and
           prescriptions; definitions.
  The following definitions are applicable to this article:
  1. "Prescription medication or device" means any article for  which  a
prescription  is  required  in  order  to be lawfully sold, delivered or
distributed by any person authorized by law to engage in the practice of
the profession of pharmacy.
  2. "Prescription" means a direction or authorization  by  means  of  a
written   prescription   form,   ELECTRONIC   PRESCRIPTION  or  an  oral
prescription which permits a person to lawfully  obtain  a  prescription
medication  or  device  from  any  person  authorized  to  dispense such
prescription medication or device.
  3. "PRESCRIPTION FORM"  MEANS  AN  OFFICIAL  STATE  PRESCRIPTION  FORM
AUTHORIZED  BY  A  STATE  FOR  USE BY HEALTH PRACTITIONERS AUTHORIZED TO
WRITE PRESCRIPTIONS.
  4. "Criminal diversion act" means an act or acts  in  which  a  person
knowingly:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10939-02-1

Co-Sponsors

S5260B - Details

See Assembly Version of this Bill:
A7251B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§178.00 - 178.25, add §178.30, Art 179 §§179.00 - 179.15, Title M Art 219 §§219.00 - 219.30, Pen L

S5260B - Summary

Relates to criminal diversion of prescription medications and prescriptions; establishes the offense of fraudulent prescription, dispensing and procurement of non-controlled substance prescription medications and devices; establishes the offense of unlawful possession of non-controlled substance prescription medications and devices.

S5260B - Sponsor Memo

S5260B - Bill Text download pdf

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

                                 5260--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sens. HANNON, GALLIVAN, SALAND -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in  relation  to  criminal  diversion  of
  prescription  medications  and prescriptions, establishing the offense
  of fraudulent prescription, dispensing and  procurement  of  non-cont-
  rolled  substance prescription medications and devices, and establish-
  ing the offense of unlawful  possession  of  non-controlled  substance
  prescription medications and devices

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

  Section 1.  Section 178.00 of the penal law, as added by chapter 81 of
the laws of 1995, is amended to read as follows:
S 178.00 Criminal   diversion   of    prescription    medications    and
           prescriptions; definitions.
  The following definitions are applicable to this article:
  1.  "Prescription  medication or device" means any article for which a
prescription is required in order to  be  lawfully  sold,  delivered  or
distributed by any person authorized by law to engage in the practice of
the profession of pharmacy.
  2.  "Prescription"  means  a  direction or authorization by means of a
written  prescription  form,  ELECTRONIC   PRESCRIPTION   or   an   oral
prescription  which  permits  a person to lawfully obtain a prescription
medication or  device  from  any  person  authorized  to  dispense  such
prescription medication or device.
  3.  "PRESCRIPTION  FORM"  MEANS  AN  OFFICIAL  STATE PRESCRIPTION FORM
AUTHORIZED BY A STATE FOR USE  BY  HEALTH  PRACTITIONERS  AUTHORIZED  TO
WRITE PRESCRIPTIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10939-04-1

Co-Sponsors

view additional co-sponsors

S5260C (ACTIVE) - Details

See Assembly Version of this Bill:
A7251B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§178.00 - 178.25, add §178.30, Art 179 §§179.00 - 179.15, Title M Art 219 §§219.00 - 219.30, Pen L

S5260C (ACTIVE) - Summary

Relates to criminal diversion of prescription medications and prescriptions; establishes the offense of fraudulent prescription, dispensing and procurement of non-controlled substance prescription medications and devices; establishes the offense of unlawful possession of non-controlled substance prescription medications and devices.

S5260C (ACTIVE) - Sponsor Memo

S5260C (ACTIVE) - Bill Text download pdf

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

                                 5260--C
    Cal. No. 161

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sens. HANNON, GALLIVAN, SALAND -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to  the Committee on Codes in accordance with Senate Rule
  6, sec. 8 -- reported favorably from said committee, ordered to  first
  and  second report, amended on second report, ordered to a third read-
  ing, and to be reprinted as amended, retaining its place in the  order
  of third reading

AN  ACT  to  amend  the  penal law, in relation to criminal diversion of
  prescription medications and prescriptions, establishing  the  offense
  of  fraudulent  prescription,  dispensing and procurement of non-cont-
  rolled substance prescription medications and devices, and  establish-
  ing  the  offense  of  unlawful possession of non-controlled substance
  prescription medications and devices

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

  Section 1.  Section 178.00 of the penal law, as added by chapter 81 of
the laws of 1995, is amended to read as follows:
S 178.00 Criminal    diversion    of    prescription   medications   and
           prescriptions; definitions.
  The following definitions are applicable to this article:
  1. "Prescription medication or device" means any article for  which  a
prescription  is  required  in  order  to be lawfully sold, delivered or
distributed by any person authorized by law to engage in the practice of
the profession of pharmacy.
  2. "Prescription" means a direction or authorization  by  means  of  a
written   prescription   form,   ELECTRONIC   PRESCRIPTION  or  an  oral
prescription which permits a person to lawfully  obtain  a  prescription

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10939-06-2

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