Senate Bill S5396

2015-2016 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 - In Assembly 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

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2015-S5396 (ACTIVE) - Details

See Assembly Version of this Bill:
A10069
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§178.00 - 178.25, add §178.30, Art 178-A §§178.50 - 178.65, Title M Art 219 §§219.00 - 219.30, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5260, A7251
2013-2014: S2942, A4085
2017-2018: S2814, A2790

2015-S5396 (ACTIVE) - Summary

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.

2015-S5396 (ACTIVE) - Sponsor Memo

2015-S5396 (ACTIVE) - Bill Text download pdf

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

                                  5396

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  HANNON -- 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.
                                                           LBD03976-01-5

S. 5396                             2
              

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