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Assembly Bill A61

2015-2016 Legislative Session

Relates to the unlawful transaction of prescription drugs

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Archive: Last Bill Status - In Assembly Committee

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2015-A61 (ACTIVE) - Details

See Senate Version of this Bill:
S5127
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Add ยง6810-a, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8966
2017-2018: A2630

2015-A61 (ACTIVE) - Summary

Relates to the unlawful transaction of prescription drugs; provides that a violation of this section is a class D felony and drugs packaged, sold, transferred, distributed, or delivered in violation of the section are subject to seizure.

2015-A61 (ACTIVE) - Bill Text download pdf 

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

                                   61

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Higher Education

AN  ACT to amend the education law, in relation to unlawful transactions
  of prescription drugs

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

  Section 1. The education law is amended by adding a new section 6810-a
to read as follows:
  S  6810-A.  UNLAWFUL  TRANSACTIONS.  1.  IT  SHALL BE UNLAWFUL FOR ANY
PERSON TO: (A) KNOWINGLY PACKAGE, SELL, DELIVER FOR SALE, HOLD FOR  SALE
OR  OFFER FOR SALE, PURCHASE, DELIVER FOR PURCHASE, HOLD FOR PURCHASE OR
OFFER FOR PURCHASE (I) ANY PRESCRIPTION DRUG THAT HE  OR  SHE  KNOWS  IS
ADULTERATED,  MISBRANDED,  COUNTERFEIT  OR  HAS  OTHERWISE BEEN RENDERED
UNFIT FOR DISTRIBUTION, OR (II) ANY DRUG  NOT  APPROVED  BY  THE  UNITED
STATES FOOD AND DRUG ADMINISTRATION OR SUCCESSOR THERETO FOR SALE, OTHER
THAN  A DRUG COMPOUNDED BY A PHARMACIST PURSUANT TO A VALID PRESCRIPTION
FROM AN AUTHORIZED PRESCRIBER;  OR  (B)  INTENTIONALLY  SELL,  TRANSFER,
DISTRIBUTE  OR  DELIVER A PRESCRIPTION DRUG TO ANY WHOLESALER WHO IS NOT
LICENSED OR REGISTERED PURSUANT TO THIS ARTICLE.  FOR PURPOSES  OF  THIS
SECTION, A COMPOUNDED DRUG MEANS A DRUG CREATED BY THE COMBINING, ADMIX-
ING, MIXING, DILUTING, POOLING, RECONSTITUTING, OR OTHERWISE ALTERING OF
A MARKED AND APPROVED DRUG SUBSTANCE.
  2.  A  PERSON  WHO  VIOLATES THIS SECTION SHALL BE GUILTY OF A CLASS D
FELONY.
  3. ANY DRUG PACKAGED, SOLD, TRANSFERRED, DISTRIBUTED OR  DELIVERED  IN
VIOLATION  OF THIS SECTION SHALL BE CONTRABAND AND SUBJECT TO SEIZURE BY
THE DEPARTMENT, THE DEPARTMENT OF HEALTH OR ANY LAW ENFORCEMENT  OFFICER
OF THE STATE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

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