senate Bill S7907

Signed By Governor
2013-2014 Legislative Session

Creates the offense of prescription medication fraud and deceit

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 23, 2014 signed chap.36
delivered to governor
Jun 19, 2014 returned to senate
passed assembly
message of necessity - 3 day message
ordered to third reading rules cal.526
substituted for a10155
referred to codes
delivered to assembly
passed senate
message of necessity - 3 day message
ordered to third reading cal.1638
Jun 17, 2014 referred to rules

Co-Sponsors

view additional co-sponsors

S7907 - Details

See Assembly Version of this Bill:
A10155
Law Section:
Penal Law
Laws Affected:
Add §178.26, Pen L

S7907 - Summary

Creates the offense of prescription medication fraud and deceit.

S7907 - Sponsor Memo

S7907 - Bill Text download pdf

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

    S. 7907                                                 A. 10155

                      S E N A T E - A S S E M B L Y

                              June 17, 2014
                               ___________

IN  SENATE -- Introduced by Sen. MARCELLINO -- (at request of the Gover-
  nor) -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Rules

IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
  A.  Peoples-Stokes)  --  (at request of the Governor) -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to creating  the  offense  of
  prescription medication fraud and deceit

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

  Section 1. The penal law is amended by adding a new section 178.26  to
read as follows:
S 178.26 FRAUD AND DECEIT RELATED TO CONTROLLED SUBSTANCES.
  1. NO PERSON SHALL WILLFULLY:
  (A) OBTAIN OR ATTEMPT 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) MAKE A FALSE STATEMENT IN ANY  PRESCRIPTION,  ORDER,  APPLICATION,
REPORT  OR  RECORD REQUIRED BY ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW;
  (C) FALSELY ASSUME THE TITLE OF, OR REPRESENT HIMSELF OR HERSELF TO BE
A LICENSED MANUFACTURER, DISTRIBUTOR, PHARMACY, PHARMACIST,  PRACTITION-
ER, RESEARCHER, APPROVED INSTITUTIONAL DISPENSER, OWNER OR EMPLOYEE OF A
REGISTERED  OUTSOURCING  FACILITY  OR  OTHER  AUTHORIZED PERSON, FOR THE
PURPOSE OF OBTAINING A CONTROLLED SUBSTANCE AS THESE TERMS  ARE  DEFINED
IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW;
  (D)  MAKE OR UTTER ANY FALSE OR FORGED PRESCRIPTION OR FALSE OR FORGED
WRITTEN ORDER;
  (E) AFFIX 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.

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