Assembly Bill A10069

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-A10069 (ACTIVE) - Details

See Senate Version of this Bill:
S5396
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, Art 219 Title M §§219.00 - 219.30, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7251, S5260
2013-2014: A4085, S2942
2017-2018: A2790, S2814

2015-A10069 (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-A10069 (ACTIVE) - Bill Text download pdf

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

                                  10069

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee 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:
  (a)  transfers  or  delivers,  in  exchange  for anything of pecuniary
value, a prescription medication or device with knowledge or  reasonable
grounds to know that the recipient has no medical need for it; or
  (b)   receives,  in  exchange  for  anything  of  pecuniary  value,  a
prescription medication or device with knowledge or  reasonable  grounds

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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