Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2014 |
referred to codes returned to senate died in assembly |
Jun 18, 2013 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1438 committee discharged and committed to rules |
Mar 06, 2013 |
referred to codes |
Senate Bill S4064
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- 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
Actions
Votes
2013-S4064 (ACTIVE) - Details
2013-S4064 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4064 TITLE OF BILL: 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 PURPOSE: This legislation will create a penal law violation which would establish a class A misdemeanor for the use of fraud or deceit to obtain a controlled substance; repealer SUMMARY OF PROVISIONS: Amends the penal law by adding a new section 220.80 create a penal law violation which would establish a class A misdemeanor for the use of fraud or deceit to obtain a controlled substance. JUSTIFICATION: In order to bolster the I-stop legislation previously passed by the legislature and signed into Law. Moving the existing provisions of PHL sec 3397 (4) into a new Penal Law section as a class A misdemeanor will give law enforcement a more necessary and potent tool to prosecute doctor shopping for the purpose of obtaining illegal prescriptions. This legislation will further reinforce the fight against prescription drug abuse by strengthening penalties against those who seek to profit from weaknesses in the healthcare system. Positioning the law within
2013-S4064 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4064 2013-2014 Regular Sessions I N S E N A T E March 6, 2013 ___________ Introduced by Sen. MARCELLINO -- 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 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. S 2. The penal law is amended by adding a new section 220.80 to read as follows: S 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. LBD05693-01-3
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