Assembly Bill A1976

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1976
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. MONTESANO, FINCH, McKEVITT, GRAF, GOODELL, SALA-
   DINO, LUPINACCI, BLANKENBUSH, OAKS, FRIEND -- Multi-Sponsored by -- M.
   of A. CROUCH, GARBARINO, GUNTHER,  KEARNS,  LOPEZ  --  read  once  and
   referred 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 Section 3397 of the public health law is REPEALED.
   § 2. The penal law is amended by adding a new section 220.80  to  read
 as follows:
 § 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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06062-01-7
              

 A. 1976                             2
 
   (E)  AFFIXES  ANY  FALSE  OR  FORGED  LABEL TO A PACKAGE OR RECEPTACLE
 CONTAINING CONTROLLED SUBSTANCES; OR
   (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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.