senate Bill S4064

2013-2014 Legislative Session

Prohibits the use of fraud or deceit to obtain a controlled substance; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

S4064 - Details

See Assembly Version of this Bill:
A1863
Law Section:
Penal Law
Laws Affected:
Rpld §3397, Pub Health L; add §220.80, Pen L

S4064 - Summary

Prohibits the use of fraud or deceit to obtain a controlled substance.

S4064 - Sponsor Memo

S4064 - 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 Section 3397 of the public health law is REPEALED.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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