Bill Text: NY S04064 | 2013-2014 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-01-08 - REFERRED TO CODES [S04064 Detail]

Download: New_York-2013-S04064-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4064
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     March 6, 2013
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed 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 Section 3397 of the public health law is REPEALED.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
       S. 4064                             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.