Bill Text: NY A01655 | 2015-2016 | 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 17-2)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A01655 Detail]

Download: New_York-2015-A01655-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1655
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A.  MONTESANO,  BORELLI,  FINCH, McKEVITT, GRAF,
         DUPREY, GOODELL, SALADINO, LUPINACCI, BLANKENBUSH, OAKS -- Multi-Spon-
         sored by -- M.  of  A.  CERETTO,  CROUCH,  GARBARINO,  GUNTHER,  KATZ,
         KEARNS,  LOPEZ,  TENNEY  -- 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 Section 3397 of the public health law is REPEALED.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;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05079-01-5
       A. 1655                             2
    1    (E) AFFIXES ANY FALSE OR FORGED  LABEL  TO  A  PACKAGE  OR  RECEPTACLE
    2  CONTAINING CONTROLLED SUBSTANCES; OR
    3    (F)  IMPRINTS  ON  OR  AFFIXES  TO ANY CONTROLLED SUBSTANCE A FALSE OR
    4  FORGED CODE NUMBER OR SYMBOL.
    5    2. POSSESSION OF A FALSE  OR  FORGED  PRESCRIPTION  FOR  A  CONTROLLED
    6  SUBSTANCE  BY ANY PERSON OTHER THAN A PHARMACIST IN THE LAWFUL PURSUANCE
    7  OF HIS OR HER PROFESSION SHALL BE PRESUMPTIVE EVIDENCE  OF  HIS  OR  HER
    8  INTENT  TO  USE  THE  SAME  FOR  THE  PURPOSE  OF  ILLEGALLY OBTAINING A
    9  CONTROLLED SUBSTANCE.
   10    3. POSSESSION OF A BLANK OFFICIAL NEW YORK STATE PRESCRIPTION FORM  BY
   11  ANY  PERSON  TO  WHOM  IT  WAS  NOT LAWFULLY ISSUED SHALL BE PRESUMPTIVE
   12  EVIDENCE OF SUCH PERSON'S INTENT TO USE SAME FOR THE PURPOSE OF ILLEGAL-
   13  LY OBTAINING A CONTROLLED SUBSTANCE.
   14    4. ANY PERSON WHO, IN THE COURSE OF  TREATMENT,  IS  SUPPLIED  WITH  A
   15  CONTROLLED  SUBSTANCE OR A PRESCRIPTION THEREFOR BY ONE PRACTITIONER AND
   16  WHO, WITHOUT DISCLOSING THE FACT, IS SUPPLIED DURING SUCH TREATMENT WITH
   17  A CONTROLLED SUBSTANCE OR A PRESCRIPTION THEREFOR BY ANOTHER PRACTITION-
   18  ER SHALL BE GUILTY OF USE OF FRAUD OR  DECEIT  TO  OBTAIN  A  CONTROLLED
   19  SUBSTANCE.
   20    USE  OF  FRAUD OR DECEIT TO OBTAIN A CONTROLLED SUBSTANCE IS A CLASS A
   21  MISDEMEANOR.
   22    S 3. This act shall take effect on the first of November next succeed-
   23  ing the date on which it shall have become a law.