Bill Text: NY A05126 | 2021-2022 | 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 4-1)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A05126 Detail]

Download: New_York-2021-A05126-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5126

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 11, 2021
                                       ___________

        Introduced  by  M.  of  A.  MONTESANO,  BLANKENBUSH,  GOODELL, FRIEND --
          Multi-Sponsored by -- M. of A. GUNTHER -- 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 Section 3397 of the public health law is REPEALED.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    § 2. The penal law is amended by adding a new section 220.80  to  read
     3  as follows:
     4  § 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.
                                                                   LBD08620-01-1
        A. 5126                             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    § 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.