senate Bill S2942

2013-2014 Legislative Session

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

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 27, 2014 referred to codes
delivered to assembly
passed senate
Feb 11, 2014 advanced to third reading
Feb 10, 2014 2nd report cal.
Feb 04, 2014 1st report cal.137
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Mar 12, 2013 referred to codes
delivered to assembly
passed senate
Mar 05, 2013 advanced to third reading
Mar 04, 2013 2nd report cal.
Feb 28, 2013 1st report cal.130
Jan 25, 2013 referred to codes

Votes

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Feb 4, 2014 - Codes committee Vote

S2942
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Feb 28, 2013 - Codes committee Vote

S2942
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

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S2942 - Bill Details

See Assembly Version of this Bill:
A4085
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§178.00 - 178.25, add §178.30, Art 179 §§179.00 - 179.15, Art 219 Title M §§219.00 - 219.30, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S5260C, A7251C

S2942 - Bill Texts

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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.

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BILL NUMBER:S2942

TITLE OF BILL: 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-controlled substance prescription medications and devices, and
establishing the offense of unlawful possession of non-controlled
substance prescription medications and devices

PURPOSE: This bill would address the growing black market in
prescription drugs by restructuring the existing crime of criminal
diversion of prescription medications and adding a new Penal Law article
179 entitled Fraudulent Prescription, Dispensing and Procurement of
Non-controlled Substance Prescription Medications and Devices, and a new
article 219 entitled unlawful possession of non-controlled substance
prescription medications and devices.

SUMMARY OF PROVISIONS:

Sections 1 through 7 of the bill restructure the existing crime of crim-
inal diversion of prescription medications and prescriptions by amending
Penal Law ("PL") §§ 178.00, 178.05, 178.10, 178.15, 178.20 and 178.25,
and by adding a new section 178.30. This restructuring enhances sanc-
tions when unlawful criminal diversion acts are committed on multiple
occasions within a given period of time and when such acts are committed
by a physician, pharmacist or other person authorized to issue a
prescription or to dispense prescription medications and devices.
Section 178.00 is amended to clarify that transactions with undercover
agents may also be also be prosecuted under this section if the dealer
believes, or has reasonable basis to believe, that the officer is some-
one who is not authorized by law to sell or transfer the prescription
form, prescription medication or device. Section 178.05 is amended to
clarify that those seeking to obtain a lawful prescription or
prescription medication, and those seeking to assist such persons, are
exempt from prosecution for criminal diversion.

Section 8 of the bill adds a new PL Article 179 entitled Fraudulent
Prescription, Dispensing and Procurement of Non-controlled substance
Prescription Medications and Devices. This Article New PL § 179.00
establishes the crime of fraudulent prescription, dispensing and
procurement of non-controlled substance prescription medications and
devices in the first, second and third degree. Generally, this crime
prohibits:

* Issuance of a prescription; 1) when the issuer is not duly licensed
and authorized to do so, 2)with knowledge or reasonable grounds to know
that the prescription is not medically necessary, or 3) when issued
other than good faith;

* Dispensing of a non-controlled substance; 1)with knowledge or reason-
able grounds to know that the person for whom the medication has been

prescribed has no medical need, 2) when the prescription was not issued
by a duly licensed physician or other person authorized, 3) when the
prescription was forged, or 4) when the prescription was written by a
physician or other authorized individual not acting in good faith; and,

* Presenting or submitting a prescription, or receiving a non-controlled
substance or device from a pharmacist with knowledge or reasonable
grounds to know that the prescription was not duly issued and authorized
to an individual with a medical need for prescription.

Fraudulent prescription, dispensing and procurement of a non-controlled
substance prescription in the first degree is a class B felony, in the
second degree is a class C felony, and in the third degree is a class D
felony.

Section 9 of the bill adds a new PL Article 219 entitled Unlawful
Possession of Non-Controlled Substance Prescription Medications and
Devices. This Article defines terms for purposes therein, sets out limi-
tations its applicability, and establishes the crime of unlawful
possession of non- controlled substance prescription medications and
devices in the fifth to first degrees.

JUSTIFICATION: Expensive non-controlled substance prescription medica-
tions such as AIDS medication, asthma medication, and anti-psychotic
medication have obtained a high street value, making, them particularly
popular on the black-market in the last few years. This exploding black-
market in non-controlled substance prescription medications is well
documented. Last April, New York authorities arrested four individuals
heading a black market HIV/AIDS prescription drug scam which cost the
Medicaid program an estimated $150 million. These individuals were
charged with grand larceny, criminal diversion, money laundering and
conspiracy, among other felonies. In May, 14 individuals in Manhattan
were charged in a massive illegal prescription pill diversion and
distribution scheme that distributed over 10,000 pills weekly. In July,
the U.S. Attorney announced charges against 48 individuals in a
prescription fraud ring. One of the primary drugs targeted by this group
was the HIV drug Atripla, which has a Medicaid reimbursement value of
$1,635 per bottle. Then this October, Attorney General Eric T. Schneid-
erman announced a $1.2 million dollar settlement with NYC pharmacist who
sold these black market medications.

As the New York Times reports, these "different sort of drug deals"
usually occur on the street or at the train station when an individual,
pharmacy bag in hand, passes through - either intentionally, or uninten-
tionally - a gantlet of dealers. The individuals are approached and
asked if they have prescription drugs to sell. The sought after, expen-
sive medications with a high street value are most often paid for with
Medicaid dollars and sold on the street for a fraction of their actual
value. The purchasers of these medications bring the medications to a
stash house where they are collected and re-sold back to unscrupulous
pharmacies or shipped overseas.

There are many negative and severe consequences resulting from these
black market deals, which include: sick patients not taking their medi-
cations; unsuspecting patients purchasing black market drugs from their
pharmacy which have not been properly stored and maintained; and, Medi-
caid paying huge sums for medications that are dispensed under these
fraudulent circumstances.

An unscrupulous pharmacy can charge Medicaid for medicine that it has
purchased at a significantly lower price through the black market. Most
likely Medicaid has already paid for this same medicine on an earlier
occasion when it was originally dispensed to the patient who subsequent-
ly sold the medicine on the street.

Current law does not contemplate a large-scale illegal market of these
drugs. As a result, there is either no penalty or insufficient penalties
for the following conduct:

* repeated purchases of non-controlled substance prescription medica-
tions from someone not authorized to sell or transfer the medication
(the dealers who buy the medications and enter them into the black
market);

* possession of large quantities of non-controlled substance
prescription medications by someone with no lawful basis for the
prescription (the people who have the stash houses for the black market
medicine);

* the writing of fraudulent prescriptions by physicians to "patients"
with no medical need for the medication; and

* the purchasing or dispensing of medications by pharmacists who have
obtained the medication through the black market.

The gaps in existing law and the growth of this black market make it
self-evident that change is necessary. This legislation will address
this by increasing, or establishing, criminal penalties that better fit
these crimes. In addition to making sure sick patients take necessary
medication and that pharmacies are not selling black market drugs, this
bill will save the Medicaid program millions a year. It is estimated
that the prosecution of just 5 doctors who are unlawfully prescribing
non-controlled substances could save Medicaid $3.5 million a year.

LEGISLATIVE HISTORY: 2012: S.5260-C passed Senate 2011: S.5260-B passed
Senate

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect 90 days after becoming a
law.

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

                                  2942

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sens.  HANNON,  GALLIVAN,  GRISANTI,  MARTINS,  MAZIARZ,
  RANZENHOFER, YOUNG, ZELDIN -- 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 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.
                                                           LBD01675-02-3

S. 2942                             2

  (a) transfers or delivers,  in  exchange  for  anything  of  pecuniary
value,  a prescription medication or device with knowledge or reasonable
grounds to know that the recipient has no medical need for it; or
  (b)   receives,  in  exchange  for  anything  of  pecuniary  value,  a
prescription medication or device with knowledge or  reasonable  grounds
to  know  that the seller or transferor is not authorized by law to sell
or transfer such prescription medication or device; or
  (c)  RECEIVES,  IN  EXCHANGE  FOR  ANYTHING  OF  PECUNIARY  VALUE,   A
PRESCRIPTION  MEDICATION  OR  DEVICE, PRESCRIPTION, OR PRESCRIPTION FORM
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, PRESCRIPTION,
OR PRESCRIPTION FORM; OR
  (D) transfers or delivers  a  prescription  OR  PRESCRIPTION  FORM  in
exchange for anything of pecuniary value; or
  [(d)] (E) receives a prescription OR PRESCRIPTION FORM in exchange for
anything of pecuniary 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
  (D) A PERSON ACTING IN GOOD FAITH, WHO REASONABLY BELIEVES THAT HE  OR
SHE  IS  ASSISTING ANOTHER PERSON TO OBTAIN A PRESCRIPTION, PRESCRIPTION
MEDICATION OR DEVICE THAT HAS BEEN LAWFULLY  PRESCRIBED  TO  THAT  OTHER
PERSON; OR
  (E)  A DULY REGISTERED MANUFACTURER OR WHOLESALER OF DRUGS, AS DEFINED
IN ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW, ACTING IN GOOD
FAITH IN THE LAWFUL COURSE OF HIS OR HER BUSINESS.
  S 3. Section 178.10 of the penal law, as added by chapter  81  of  the
laws of 1995, is amended to read as follows:
S 178.10 Criminal    diversion    of    prescription   medications   and
           prescriptions in the [fourth] FIFTH degree.
  A person is guilty of criminal diversion of  prescription  medications
and  prescriptions in the [fourth] FIFTH degree when he or she commits a
criminal diversion act.
  Criminal diversion of prescription medications  and  prescriptions  in
the [fourth] FIFTH degree is a class A misdemeanor.
  S  4.  Section  178.15 of the penal law, as added by chapter 81 of the
law of 1995, is amended to read as follows:
S 178.15 Criminal   diversion   of    prescription    medications    and
           prescriptions in the [third] FOURTH degree.
  A  person  is guilty of criminal diversion of prescription medications
and prescriptions in the [third] FOURTH degree when he or she:
  1. commits a criminal diversion act, and  the  value  of  the  benefit
exchanged is in excess of one thousand dollars; or
  2. commits the crime of criminal diversion of prescription medications
and  prescriptions in the [fourth] FIFTH degree, and has previously been
convicted of [the crime of criminal diversion  of  prescription  medica-
tions and prescriptions in the fourth degree] AN OFFENSE DEFINED IN THIS
ARTICLE; OR

S. 2942                             3

  3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND  PRESCRIPTIONS  IN  THE FIFTH DEGREE ON TWO OR MORE OCCASIONS OVER A
THIRTY-FIVE DAY PERIOD.
  Criminal  diversion  of  prescription medications and prescriptions in
the [third] FOURTH degree is a class E felony.
  S 5.  Section 178.20 of the penal law, as added by chapter 81  of  the
laws of 1995, is amended to read as follows:
S 178.20 Criminal    diversion    of    prescription   medications   and
           prescriptions in the [second] THIRD degree.
  A person is guilty of criminal diversion of  prescription  medications
and prescriptions in the [second] THIRD degree when he or she:
  1.  commits  a  criminal  diversion  act, and the value of the benefit
exchanged is in excess of three thousand dollars; OR
  2. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND PRESCRIPTIONS IN THE FIFTH DEGREE ON FOUR OR MORE OCCASIONS  OVER  A
THIRTY-FIVE DAY PERIOD; OR
  3.    COMMITS  THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICA-
TIONS AND PRESCRIPTIONS IN THE FIFTH DEGREE, AND IS:
  (A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR
  (B) A PHARMACIST OR OTHER PERSON AUTHORIZED TO  DISPENSE  PRESCRIPTION
MEDICATIONS AND DEVICES.
  Criminal  diversion  of  prescription medications and prescriptions in
the [second] THIRD degree is a class D felony.
  S 6. Section 178.25 of the penal law, as added by chapter  81  of  the
laws of 1995, is amended to read as follows:
S 178.25 Criminal    diversion    of    prescription   medications   and
           prescriptions in the [first] SECOND degree.
  A person is guilty of criminal diversion of  prescription  medications
and prescriptions in the [first] SECOND degree when he or she:
  1.  commits  a  criminal  diversion  act, and the value of the benefit
exchanged is in excess of fifty thousand dollars; OR
  2. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND PRESCRIPTIONS IN THE FIFTH DEGREE ON SIX OR MORE  OCCASIONS  OVER  A
THIRTY-FIVE DAY PERIOD; OR
  3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND  PRESCRIPTIONS  IN  THE FIFTH DEGREE ON TWO OR MORE OCCASIONS OVER A
NINETY DAY PERIOD, AND IS:
  (A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR
  (B) A PHARMACIST OR OTHER PERSON AUTHORIZED TO  DISPENSE  PRESCRIPTION
MEDICATIONS AND DEVICES.
  Criminal  diversion  of  prescription medications and prescriptions in
the [first] SECOND degree is a class C felony.
  S 7. The penal law is amended by adding a new section 178.30  to  read
as follows:
S 178.30 CRIMINAL    DIVERSION    OF    PRESCRIPTION   MEDICATIONS   AND
           PRESCRIPTIONS IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CRIMINAL DIVERSION OF  PRESCRIPTION  MEDICATIONS
AND  PRESCRIPTIONS  IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME
OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS  OR  PRESCRIPTIONS  IN
THE FIFTH DEGREE ON FIVE OR MORE OCCASIONS OVER A NINETY DAY PERIOD, AND
IS:
  (A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR
  (B)  A  PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE PRESCRIPTION
MEDICATIONS AND DEVICES.
  CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS  AND  PRESCRIPTIONS  IN
THE FIRST DEGREE IS A CLASS B FELONY.

S. 2942                             4

  S  8.  The penal law is amended by adding a new article 179 to read as
follows:
                               ARTICLE 179
         FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF
      NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
SECTION 179.00 DEFINITIONS.
        179.05 FRAUDULENT  PRESCRIPTION,  DISPENSING  AND PROCUREMENT OF
                 NON-CONTROLLED SUBSTANCE PRESCRIPTION  MEDICATIONS  AND
                 DEVICES IN THE THIRD DEGREE.
        179.10 FRAUDULENT  PRESCRIPTION,  DISPENSING  AND PROCUREMENT OF
                 NON-CONTROLLED SUBSTANCE PRESCRIPTION  MEDICATIONS  AND
                 DEVICES IN THE SECOND DEGREE.
        179.15 FRAUDULENT  PRESCRIPTION,  DISPENSING  AND PROCUREMENT OF
                 NON-CONTROLLED SUBSTANCE PRESCRIPTION  MEDICATIONS  AND
                 DEVICES IN THE FIRST DEGREE.
S 179.00 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,  AN  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.  "CONTROLLED  SUBSTANCE"  MEANS ANY SUBSTANCE LISTED IN SCHEDULE I,
II, III, IV OR V OF SECTION  THIRTY-THREE  HUNDRED  SIX  OF  THE  PUBLIC
HEALTH  LAW OTHER THAN MARIHUANA, BUT INCLUDING CONCENTRATED CANNABIS AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION  FOUR  OF  SECTION  THIRTY-THREE
HUNDRED TWO OF SUCH LAW.
  4.   "DISPENSING"  AND  "DISPENSES"  REFER  TO  THE  DISPENSING  OF  A
PRESCRIPTION MEDICATION OR DEVICE FROM OR WITHIN A  PHARMACY,  HOSPITAL,
PHYSICIAN'S OFFICE, CLINIC OR OTHER PHARMACEUTICAL OR MEDICAL FACILITY.
S 179.05 FRAUDULENT   PRESCRIPTION,   DISPENSING   AND   PROCUREMENT  OF
           NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
           IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE-
MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
THE THIRD DEGREE WHEN HE OR SHE:
  1. ISSUES A WRITTEN, ELECTRONIC OR ORAL PRESCRIPTION FOR  A  NON-CONT-
ROLLED  SUBSTANCE  PRESCRIPTION  MEDICATION OR DEVICE, AND IS NOT A DULY
LICENSED  PHYSICIAN  OR  OTHER   PERSON   AUTHORIZED   TO   ISSUE   SUCH
PRESCRIPTION; OR
  2.  DISPENSES  A  NON-CONTROLLED  SUBSTANCE PRESCRIPTION MEDICATION OR
DEVICE, WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT:
  (A) THE PERSON FOR WHOM THE MEDICATION OR DEVICE HAS  BEEN  PRESCRIBED
HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
  (B) NO PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A DULY
LICENSED   PHYSICIAN   OR   OTHER   PERSON   AUTHORIZED  TO  ISSUE  SUCH
PRESCRIPTION; OR
  (C) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR
  (D) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE  WAS  ISSUED  BY  A
DULY  LICENSED  PHYSICIAN  OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE SUCH
PRESCRIPTION WHO WAS ACTING OTHER THAN  IN  GOOD  FAITH  IN  THE  LAWFUL
COURSE OF HIS OR HER PROFESSIONAL PRACTICE; OR

S. 2942                             5

  3.  PRESENTS  OR SUBMITS A PRESCRIPTION FOR A NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATION OR  DEVICE  TO,  OR  RECEIVES  A  NON-CONTROLLED
SUBSTANCE  PRESCRIPTION MEDICATION OR DEVICE FROM, A DULY LICENSED PHAR-
MACIST OR OTHER PERSON AUTHORIZED TO DISPENSE SUCH PRESCRIPTION  MEDICA-
TION OR DEVICE, WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT:
  (A)  THE  PERSON FOR WHOM THE MEDICATION OR DEVICE HAS BEEN PRESCRIBED
HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
  (B) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS NOT ISSUED BY A
DULY LICENSED  PHYSICIAN  OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE  SUCH
PRESCRIPTION; OR
  (C) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR
  (D)  THE  PRESCRIPTION  FOR  SUCH MEDICATION OR DEVICE WAS ISSUED BY A
DULY LICENSED  PHYSICIAN  OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE  SUCH
PRESCRIPTION  WHO  WAS  ACTING  OTHER  THAN  IN GOOD FAITH IN THE LAWFUL
COURSE OF HIS OR HER PROFESSIONAL PRACTICE.
  FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF  NON-CONTROLLED
SUBSTANCE  PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE IS A
CLASS D FELONY.
S 179.10 FRAUDULENT  PRESCRIPTION,   DISPENSING   AND   PROCUREMENT   OF
           NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
           IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE-
MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
THE SECOND DEGREE WHEN HE OR SHE:
  1. BEING A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE
A  PRESCRIPTION, ISSUES A WRITTEN, ELECTRONIC OR ORAL PRESCRIPTION FOR A
NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE, OR DISPENSES
A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE:
  (A) WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT THE  PERSON  FOR
WHOM THE PRESCRIPTION IS ISSUED, OR TO WHOM THE MEDICATION IS DISPENSED,
HAS  NO  MEDICAL  NEED  FOR  THE  MEDICATION  OR  DEVICE  THAT  IS BEING
PRESCRIBED; OR
  (B) OTHER THAN IN GOOD FAITH IN  THE  LAWFUL  COURSE  OF  HIS  OR  HER
PROFESSIONAL PRACTICE; OR
  2.  BEING  A  DULY  LICENSED  PHARMACIST OR OTHER PERSON AUTHORIZED TO
DISPENSE A PRESCRIPTION MEDICATION OR DEVICE, DISPENSES A NON-CONTROLLED
SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE:
  (A) WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT:
  (I) THE PERSON FOR WHOM THE MEDICATION OR DEVICE HAS  BEEN  PRESCRIBED
HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
  (II)  THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS NOT ISSUED BY
A DULY LICENSED PHYSICIAN OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE  SUCH
PRESCRIPTION; OR
  (III) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR
  (IV)  THE  PRESCRIPTION  FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A
DULY LICENSED  PHYSICIAN  OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE  SUCH
PRESCRIPTION  WHO  WAS  ACTING  OTHER  THAN  IN GOOD FAITH IN THE LAWFUL
COURSE OF HIS OR HER PROFESSIONAL PRACTICE; OR
  (B) OTHER THAN IN GOOD FAITH, IN THE  COURSE  OF  HIS  OR  HER  LAWFUL
PROFESSIONAL PRACTICE.
  FRAUDULENT  PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED
SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE IS A
CLASS C FELONY.
S 179.15 FRAUDULENT  PRESCRIPTION,   DISPENSING   AND   PROCUREMENT   OF
           NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
           IN THE FIRST DEGREE.

S. 2942                             6

  A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE-
MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
THE  FIRST DEGREE WHEN HE OR SHE, BEING EITHER A DULY LICENSED PHYSICIAN
OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION, OR A  DULY  LICENSED
PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE A PRESCRIPTION MEDICA-
TION OR DEVICE, COMMITS THE CRIME OF FRAUDULENT PRESCRIPTION, DISPENSING
AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND
DEVICES  IN  THE  SECOND DEGREE ON TWO OR MORE OCCASIONS WITHIN A NINETY
DAY PERIOD.
  FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF  NON-CONTROLLED
SUBSTANCE  PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE IS A
CLASS B FELONY.
  S 9. Title M of the penal law is amended by adding a new  article  219
to read as follows:
                               ARTICLE 219
      UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION
                         MEDICATIONS AND DEVICES
SECTION 219.00 DEFINITIONS.
        219.05 LIMITATIONS ON APPLICATION OF ARTICLE.
        219.10 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
                 PRESCRIPTION  MEDICATIONS  AND  DEVICES  IN  THE  FIFTH
                 DEGREE.
        219.15 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
                 PRESCRIPTION MEDICATIONS  AND  DEVICES  IN  THE  FOURTH
                 DEGREE.
        219.20 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
                 PRESCRIPTION  MEDICATIONS  AND  DEVICES  IN  THE  THIRD
                 DEGREE.
        219.25 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
                 PRESCRIPTION MEDICATIONS  AND  DEVICES  IN  THE  SECOND
                 DEGREE.
        219.30 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
                 PRESCRIPTION  MEDICATIONS  AND  DEVICES  IN  THE  FIRST
                 DEGREE.
S 219.00 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,  AN  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.  "CONTROLLED  SUBSTANCE"  MEANS ANY SUBSTANCE LISTED IN SCHEDULE I,
II, III, IV OR V OF SECTION  THIRTY-THREE  HUNDRED  SIX  OF  THE  PUBLIC
HEALTH  LAW OTHER THAN MARIHUANA, BUT INCLUDING CONCENTRATED CANNABIS AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION  FOUR  OF  SECTION  THIRTY-THREE
HUNDRED TWO OF SUCH LAW.
  4.  THE  VALUE  OF A PRESCRIPTION MEDICATION OR DEVICE SHALL BE EQUIV-
ALENT TO THE FAIR MARKET VALUE OF  SUCH  MEDICATION  OR  DEVICE  ON  THE
LAWFUL  RETAIL  MARKET,  AT  ABOUT  THE TIME AND PLACE THAT THE CRIME IS
COMMITTED.
S 219.05 LIMITATIONS ON APPLICATION OF ARTICLE.

S. 2942                             7

  THE PROVISIONS OF THIS ARTICLE RESTRICTING THE UNLAWFUL POSSESSION  OF
NON-CONTROLLED  SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES SHALL NOT
APPLY:
  1.  TO  COMMON  CARRIERS OR TO WAREHOUSEMEN, WHILE ENGAGED IN LAWFULLY
TRANSPORTING OR STORING SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDI-
CATIONS AND DEVICES, OR TO ANY EMPLOYEE OF THE SAME  ACTING  WITHIN  THE
SCOPE OF HIS OR HER EMPLOYMENT; OR
  2.  TO PUBLIC OFFICERS OR THEIR EMPLOYEES IN THE LAWFUL PERFORMANCE OF
THEIR OFFICIAL DUTIES  REQUIRING  THE  POSSESSION  OR  CONTROL  OF  SUCH
NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES; OR
  3.  TO  TEMPORARY  INCIDENTAL  POSSESSION  BY  EMPLOYEES  OR AGENTS OF
PERSONS LAWFULLY  ENTITLED  TO  POSSESS  SUCH  NON-CONTROLLED  SUBSTANCE
PRESCRIPTION  MEDICATIONS AND DEVICES, OR BY PERSONS WHOSE POSSESSION IS
FOR THE PURPOSE OF AIDING PUBLIC OFFICERS IN PERFORMING  THEIR  OFFICIAL
DUTIES; OR
  4.  TO  A  DULY  LICENSED PHYSICIAN, DULY LICENSED PHARMACIST OR OTHER
PERSON AUTHORIZED TO POSSESS OR DISPENSE SUCH  NON-CONTROLLED  SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES, ACTING IN GOOD FAITH IN THE LAWFUL
COURSE OF HIS OR HER PROFESSION; OR
  5. TO TEMPORARY INCIDENTAL POSSESSION BY A PERSON ACTING IN GOOD FAITH
WHO  REASONABLY  BELIEVES  THAT HE OR SHE IS ASSISTING ANOTHER PERSON TO
OBTAIN A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE THAT
HAS BEEN LAWFULLY PRESCRIBED TO THAT OTHER PERSON.
S 219.10 UNLAWFUL POSSESSION OF  NON-CONTROLLED  SUBSTANCE  PRESCRIPTION
           MEDICATIONS AND DEVICES IN THE FIFTH DEGREE.
  A  PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES  IN  THE  FIFTH  DEGREE  WHEN  SUCH
PERSON   KNOWINGLY   POSSESSES  ONE  OR  MORE  NON-CONTROLLED  SUBSTANCE
PRESCRIPTION MEDICATIONS OR DEVICES WHICH WERE NOT  LAWFULLY  PRESCRIBED
TO  HIM OR HER, UNDER CIRCUMSTANCES EVINCING AN INTENT TO SELL THE SAME;
AND
  1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED  SUBSTANCE  PRESCRIPTION
MEDICATIONS AND DEVICES EXCEEDS TWO HUNDRED DOLLARS; OR
  2.  HE  OR  SHE POSSESSES TWENTY OR MORE PILLS, TABLETS OR CAPSULES OF
SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES.
  UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE  PRESCRIPTION  MEDICA-
TIONS AND DEVICES IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
S  219.15  UNLAWFUL  POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION
           MEDICATIONS AND DEVICES IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED  SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FOURTH DEGREE WHEN HE OR SHE
KNOWINGLY  AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY  PRESCRIBED
TO HIM OR HER; AND
  1.  THE  AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES EXCEEDS FIVE HUNDRED DOLLARS; OR
  2. HE OR SHE POSSESSES FIFTY OR MORE PILLS,  TABLETS  OR  CAPSULES  OF
SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES; OR
  3. HE OR SHE POSSESSES A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA-
TION OR DEVICE WITH AN INTENT TO SELL IT; OR
  4.  HE  OR  SHE  COMMITS THE CRIME OF UNLAWFUL POSSESSION OF NON-CONT-
ROLLED PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH DEGREE, AND HAS
PREVIOUSLY BEEN CONVICTED OF AN OFFENSE DEFINED IN THIS ARTICLE.
  UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE  PRESCRIPTION  MEDICA-
TIONS AND DEVICES IN THE FOURTH DEGREE IS A CLASS E FELONY.

S. 2942                             8

S 219.20 UNLAWFUL  POSSESSION  OF  NON-CONTROLLED SUBSTANCE PRESCRIPTION
           MEDICATIONS AND DEVICES IN THE THIRD DEGREE.
  A  PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE WHEN HE OR  SHE
KNOWINGLY  AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY  PRESCRIBED
TO HIM OR HER; AND
  1.  THE  AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES EXCEEDS FIFTEEN HUNDRED DOLLARS; OR
  2. HE OR SHE POSSESSES ONE HUNDRED FIFTY OR  MORE  PILLS,  TABLETS  OR
CAPSULES  OF  SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND
DEVICES.
  UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE  PRESCRIPTION  MEDICA-
TIONS AND DEVICES IN THE THIRD DEGREE IS A CLASS D FELONY.
S 219.25 UNLAWFUL  POSSESSION  OF  NON-CONTROLLED SUBSTANCE PRESCRIPTION
           MEDICATIONS AND DEVICES IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED  SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE WHEN HE OR SHE
KNOWINGLY  AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY  PRESCRIBED
TO HIM OR HER; AND
  1.  THE  AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES EXCEEDS TEN THOUSAND DOLLARS; OR
  2. HE OR SHE POSSESSES ONE THOUSAND OR MORE PILLS, TABLETS OR CAPSULES
OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES.
  UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE  PRESCRIPTION  MEDICA-
TIONS AND DEVICES IN THE SECOND DEGREE IS A CLASS C FELONY.
S 219.30 UNLAWFUL  POSSESSION  OF  NON-CONTROLLED SUBSTANCE PRESCRIPTION
           MEDICATIONS AND DEVICES IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED  SUBSTANCE
PRESCRIPTION  MEDICATIONS AND DEVICES IN THE FIRST DEGREE WHEN HE OR SHE
KNOWINGLY AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED  SUBSTANCE
PRESCRIPTION  MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED
TO HIM OR HER; AND
  1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED  SUBSTANCE  PRESCRIPTION
MEDICATIONS AND DEVICES EXCEEDS ONE HUNDRED THOUSAND DOLLARS; OR
  2. HE OR SHE POSSESSES TEN THOUSAND OR MORE PILLS, TABLETS OR CAPSULES
OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES.
  UNLAWFUL  POSSESSION  OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA-
TIONS AND DEVICES IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 10. This act shall take effect on the ninetieth day after  it  shall
have become a law.

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