senate Bill S4064

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • 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
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

Votes

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S4064 - Bill Details

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

S4064 - Bill Texts

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

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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
the existing framework of the Penal Law will increase awareness of the
availability of this tool within the law enforcement community which
seeks a multifaceted approach to combating this epidemic.

The Penal Law version will be clearly described and defined as a
misdemeanor which will ensure that resulting arrests will be
adjudicated by either a district court or county criminal court which
is where the prosecution of such activity is properly placed.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become law.

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                    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

S. 4064                             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.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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