Bill Text: NY A01863 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits the use of fraud or deceit to obtain a controlled substance.

Spectrum: Moderate Partisan Bill (Republican 17-3)

Status: (Introduced - Dead) 2014-04-07 - held for consideration in codes [A01863 Detail]

Download: New_York-2013-A01863-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1863
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  MONTESANO  --  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:
    1    Section 1. Section 3397 of the public health law is REPEALED.
    2    S  2.  The penal law is amended by adding a new section 220.80 to read
    3  as follows:
    4  S 220.80 USE OF FRAUD OR DECEIT TO OBTAIN A CONTROLLED SUBSTANCE.
    5    1. A PERSON IS GUILTY OF USE OF FRAUD OR DECEIT TO OBTAIN A CONTROLLED
    6  SUBSTANCE WHEN HE OR SHE:
    7    (A)  OBTAINS  OR  ATTEMPTS  TO  OBTAIN  A  CONTROLLED   SUBSTANCE,   A
    8  PRESCRIPTION  FOR  A  CONTROLLED SUBSTANCE OR AN OFFICIAL NEW YORK STATE
    9  PRESCRIPTION FORM:
   10    (I) BY FRAUD, DECEIT, MISREPRESENTATION OR SUBTERFUGE; OR
   11    (II) BY THE CONCEALMENT OF A MATERIAL FACT; OR
   12    (III) BY THE USE OF A FALSE NAME OR THE GIVING OF A FALSE ADDRESS;
   13    (B) WILFULLY MAKES A  FALSE  STATEMENT  IN  ANY  PRESCRIPTION,  ORDER,
   14  APPLICATION,  REPORT  OR  RECORD REQUIRED BY ARTICLE THIRTY-THREE OF THE
   15  PUBLIC HEALTH LAW;
   16    (C) FALSELY ASSUMES THE TITLE OF, OR REPRESENTS HIMSELF OR HERSELF  TO
   17  BE  A  LICENSED MANUFACTURER, DISTRIBUTOR, PHARMACY, PHARMACIST, PRACTI-
   18  TIONER, RESEARCHER, APPROVED INSTITUTIONAL DISPENSER, OR  OTHER  AUTHOR-
   19  IZED PERSON, FOR THE PURPOSE OF OBTAINING A CONTROLLED SUBSTANCE;
   20    (D)  MAKES  OR  UTTERS  ANY  FALSE  OR FORGED PRESCRIPTION OR FALSE OR
   21  FORGED WRITTEN ORDER;
   22    (E) AFFIXES ANY FALSE OR FORGED  LABEL  TO  A  PACKAGE  OR  RECEPTACLE
   23  CONTAINING CONTROLLED SUBSTANCES; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05693-01-3
       A. 1863                             2
    1    (F)  IMPRINTS  ON  OR  AFFIXES  TO ANY CONTROLLED SUBSTANCE A FALSE OR
    2  FORGED CODE NUMBER OR SYMBOL.
    3    2.  POSSESSION  OF  A  FALSE  OR  FORGED PRESCRIPTION FOR A CONTROLLED
    4  SUBSTANCE BY ANY PERSON OTHER THAN A PHARMACIST IN THE LAWFUL  PURSUANCE
    5  OF  HIS  OR  HER  PROFESSION SHALL BE PRESUMPTIVE EVIDENCE OF HIS OR HER
    6  INTENT TO USE  THE  SAME  FOR  THE  PURPOSE  OF  ILLEGALLY  OBTAINING  A
    7  CONTROLLED SUBSTANCE.
    8    3.  POSSESSION OF A BLANK OFFICIAL NEW YORK STATE PRESCRIPTION FORM BY
    9  ANY PERSON TO WHOM IT WAS  NOT  LAWFULLY  ISSUED  SHALL  BE  PRESUMPTIVE
   10  EVIDENCE OF SUCH PERSON'S INTENT TO USE SAME FOR THE PURPOSE OF ILLEGAL-
   11  LY OBTAINING A CONTROLLED SUBSTANCE.
   12    4.  ANY  PERSON  WHO,  IN  THE COURSE OF TREATMENT, IS SUPPLIED WITH A
   13  CONTROLLED SUBSTANCE OR A PRESCRIPTION THEREFOR BY ONE PRACTITIONER  AND
   14  WHO, WITHOUT DISCLOSING THE FACT, IS SUPPLIED DURING SUCH TREATMENT WITH
   15  A CONTROLLED SUBSTANCE OR A PRESCRIPTION THEREFOR BY ANOTHER PRACTITION-
   16  ER  SHALL  BE  GUILTY  OF  USE OF FRAUD OR DECEIT TO OBTAIN A CONTROLLED
   17  SUBSTANCE.
   18    USE OF FRAUD OR DECEIT TO OBTAIN A CONTROLLED SUBSTANCE IS A  CLASS  A
   19  MISDEMEANOR.
   20    S 3. This act shall take effect on the first of November next succeed-
   21  ing the date on which it shall have become a law.