Bill Text: NY A00061 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to higher education [A00061 Detail]

Download: New_York-2015-A00061-Introduced.html

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                           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:
    1    Section 1. The education law is amended by adding a new section 6810-a
    2  to read as follows:
    3    S  6810-A.  UNLAWFUL  TRANSACTIONS.  1.  IT  SHALL BE UNLAWFUL FOR ANY
    4  PERSON TO: (A) KNOWINGLY PACKAGE, SELL, DELIVER FOR SALE, HOLD FOR  SALE
    5  OR  OFFER FOR SALE, PURCHASE, DELIVER FOR PURCHASE, HOLD FOR PURCHASE OR
    6  OFFER FOR PURCHASE (I) ANY PRESCRIPTION DRUG THAT HE  OR  SHE  KNOWS  IS
    7  ADULTERATED,  MISBRANDED,  COUNTERFEIT  OR  HAS  OTHERWISE BEEN RENDERED
    8  UNFIT FOR DISTRIBUTION, OR (II) ANY DRUG  NOT  APPROVED  BY  THE  UNITED
    9  STATES FOOD AND DRUG ADMINISTRATION OR SUCCESSOR THERETO FOR SALE, OTHER
   10  THAN  A DRUG COMPOUNDED BY A PHARMACIST PURSUANT TO A VALID PRESCRIPTION
   11  FROM AN AUTHORIZED PRESCRIBER;  OR  (B)  INTENTIONALLY  SELL,  TRANSFER,
   12  DISTRIBUTE  OR  DELIVER A PRESCRIPTION DRUG TO ANY WHOLESALER WHO IS NOT
   13  LICENSED OR REGISTERED PURSUANT TO THIS ARTICLE.  FOR PURPOSES  OF  THIS
   14  SECTION, A COMPOUNDED DRUG MEANS A DRUG CREATED BY THE COMBINING, ADMIX-
   15  ING, MIXING, DILUTING, POOLING, RECONSTITUTING, OR OTHERWISE ALTERING OF
   16  A MARKED AND APPROVED DRUG SUBSTANCE.
   17    2.  A  PERSON  WHO  VIOLATES THIS SECTION SHALL BE GUILTY OF A CLASS D
   18  FELONY.
   19    3. ANY DRUG PACKAGED, SOLD, TRANSFERRED, DISTRIBUTED OR  DELIVERED  IN
   20  VIOLATION  OF THIS SECTION SHALL BE CONTRABAND AND SUBJECT TO SEIZURE BY
   21  THE DEPARTMENT, THE DEPARTMENT OF HEALTH OR ANY LAW ENFORCEMENT  OFFICER
   22  OF THE STATE.
   23    S 2. This act shall take effect on the one hundred eightieth day after
   24  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00544-01-5