Bill Text: NY A10154 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 10154 (Prior Session Legislation)

Introduced

Bill Title: Relates to criminalizing the sale of a controlled substance by a practitioner or pharmacist.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2014-06-19 - substituted by s7902 [A10154 Detail]

Download: New_York-2013-A10154-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 7902                                                 A. 10154
                             S E N A T E - A S S E M B L Y
                                     June 17, 2014
                                      ___________
       IN  SENATE  -- Introduced by Sen. HANNON -- (at request of the Governor)
         -- read twice and ordered printed, and when printed to be committed to
         the Committee on Rules
       IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
         A.  Hennessey)  --  (at  request  of  the  Governor)  -- read once and
         referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to criminalizing the sale  of
         a controlled substance by a practitioner or pharmacist
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 220.65 of the penal law, as added by  chapter  118
    2  of the laws of 1986, is amended to read as follows:
    3  S  220.65  Criminal sale of a prescription for a controlled substance OR
    4             OF A CONTROLLED SUBSTANCE BY A PRACTITIONER OR PHARMACIST.
    5    A person is guilty of criminal sale of a prescription for a controlled
    6  substance OR OF A CONTROLLED SUBSTANCE BY A PRACTITIONER  OR  PHARMACIST
    7  when[,]:  1.  being  a  practitioner, as that term is defined in section
    8  thirty-three hundred two of the public health law, he OR  SHE  knowingly
    9  and  unlawfully sells a prescription for a controlled substance. For the
   10  purposes of this section, a person sells a prescription for a controlled
   11  substance unlawfully when he OR SHE does so other than in good faith  in
   12  the course of his OR HER professional practice; OR
   13    2.  BEING  A PRACTITIONER OR PHARMACIST, AS THOSE TERMS ARE DEFINED IN
   14  SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW,  HE  OR  SHE,
   15  ACTING  OTHER  THAN  IN  GOOD  FAITH, WHILE PURPORTING TO ACT WITHIN THE
   16  SCOPE OF THE POWER, AUTHORITY AND PRIVILEGES OF HIS OR HER  LICENSE,  AS
   17  THAT  TERM  IS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC
   18  HEALTH LAW, KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE.
   19    Criminal sale of a prescription FOR A CONTROLLED  SUBSTANCE  OR  OF  A
   20  CONTROLLED  SUBSTANCE BY A PRACTITIONER OR PHARMACIST is a class C felo-
   21  ny.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12107-01-4