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Article 178 - NY Penal Law

CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS AND PRESCRIPTIONS

Section Offense Class
178.00 Criminal diversion of prescription medications and prescriptions; definitions.  
178.05 Criminal diversion of prescription medications and prescriptions; limitation.  
178.10 Criminal diversion of prescription medications and prescriptions in the fourth degree. A MISD
178.15 Criminal diversion of prescription medications and prescriptions in the third degree. E FELONY
178.20 Criminal diversion of prescription medications and prescriptions in the second degree. D FELONY
178.25 Criminal diversion of prescription medications and prescriptions in the first degree. C FELONY
178.26 Fraud and deceit related to controlled substances. A MISD
S 178.00 Criminal diversion of prescription medications and
               prescriptions; definitions.
  The following definitions are applicable to this article:
  1. "Prescription medication or device" means any article for which a
prescription is required in order to be lawfully sold, delivered or
distributed by any person authorized by law to engage in the practice of
the profession of pharmacy.
  2. "Prescription" means a direction or authorization by means of a
written prescription form or an oral prescription which permits a person
to lawfully obtain a prescription medication or device from any person
authorized to dispense such prescription medication or device.
  3. "Criminal diversion act" means an act or acts in which a person
knowingly:
  (a) transfers or delivers, in exchange for anything of pecuniary
value, a prescription medication or device with knowledge or reasonable
grounds to know that the recipient has no medical need for it; or
  (b) receives, in exchange for anything of pecuniary value, a
prescription medication or device with knowledge or reasonable grounds
to know that the seller or transferor is not authorized by law to sell
or transfer such prescription medication or device; or
  (c) transfers or delivers a prescription in exchange for anything of
pecuniary value; or
  (d) receives a prescription in exchange for anything of pecuniary
value.

S 178.05 Criminal diversion of prescription medications and
               prescriptions; limitation.
  1. The provisions of this article shall not apply to:
    (a) a duly licensed physician or other person authorized  to  issue  a
  prescription  acting  in  good  faith in the lawful course of his or her
  profession; or
    (b) a duly licensed pharmacist acting in  good  faith  in  the  lawful
  course of the practice of pharmacy; or
    (c)  a  person  acting  in  good faith seeking treatment for a medical
  condition or assisting another person to obtain treatment for a  medical
  condition.
    2. No provision of this article relating to the sale of a prescription
  medication  or device shall be deemed to authorize any act prohibited by
  article thirty-three of the public health law  or  article  two  hundred
  twenty of this chapter.

S 178.10 Criminal diversion of prescription medications and
             prescriptions in the fourth degree.
  A person is guilty of criminal diversion of prescription medications
and prescriptions in the fourth degree when he or she commits a criminal
diversion act.
  Criminal diversion of prescription medications and prescriptions in
the fourth degree is a class A misdemeanor.

S 178.15 Criminal diversion of prescription medications and
               prescriptions in the third degree.
  A person is guilty of criminal diversion of prescription medications
and prescriptions in the third degree when he or she:
  1. commits a criminal diversion act, and the value of the benefit
exchanged is in excess of one thousand dollars; or
  2. commits the crime of criminal diversion of prescription medications
and prescriptions in the fourth degree, and has previously been
convicted of the crime of criminal diversion of prescription medications
and prescriptions in the fourth degree.
  Criminal diversion of prescription medications and prescriptions in
the third degree is a class E felony.

S 178.20 Criminal diversion of prescription medications and
               prescriptions in the second degree.
  A person is guilty of criminal diversion of prescription medications
and prescriptions in the second degree when he or she commits a criminal
diversion act, and the value of the benefit exchanged is in excess of
three thousand dollars.
  Criminal diversion of prescription medications and prescriptions in
the second degree is a class D felony.

S 178.25 Criminal diversion of prescription medications and
               prescriptions in the first degree.
  A person is guilty of criminal diversion of prescription medications
and prescriptions in the first degree when he or she commits a criminal
diversion act, and the value of the benefit exchanged is in excess of
fifty thousand dollars.
  Criminal diversion of prescription medications and prescriptions in
the first degree is a class C felony.

S 178.26 Fraud and deceit related to controlled substances.
  1. No person shall willfully:
  (a) obtain or attempt to obtain a controlled substance, a prescription
for  a  controlled  substance or an official New York state prescription
form,
  (i) by fraud, deceit, misrepresentation or subterfuge; or
  (ii) by the concealment of a material fact; or
  (iii) by the use of a false name or the giving of a false address;
  (b) make a false statement in any  prescription,  order,  application,
report  or  record required by article thirty-three of the public health
law;
  (c) falsely assume the title of, or represent himself or herself to be
a   licensed   manufacturer,    distributor,    pharmacy,    pharmacist,
practitioner,  researcher,  approved  institutional  dispenser, owner or
employee of  a  registered  outsourcing  facility  or  other  authorized
person,  for  the  purpose  of obtaining a controlled substance as these
terms are defined in article thirty-three of the public health law;
  (d) make or utter any false or forged prescription or false or  forged
written order;
  (e)  affix  any  false  or  forged  label  to  a package or receptacle
containing controlled substances; or
  (f) imprint on or affix to any controlled substance a false or  forged
code number or symbol.
  2.  Possession  of  a  false  or  forged prescription for a controlled
substance by any person other than a pharmacist in the lawful  pursuance
of  his  or  her  profession shall be presumptive evidence of his or her
intent to use  the  same  for  the  purpose  of  illegally  obtaining  a
controlled substance.
  3.  Possession of a blank official New York state prescription form by
any person to whom it was  not  lawfully  issued  shall  be  presumptive
evidence  of  such  person's  intent  to  use  same  for  the purpose of
illegally obtaining a controlled substance.
  4. Any person who, in the course of  treatment,  is  supplied  with  a
controlled  substance or a prescription therefor by one practitioner and
who with the intent to deceive, intentionally withholds or intentionally
fails to disclose the fact, is supplied during  such  treatment  with  a
controlled  substance or a prescription therefor by another practitioner
shall be guilty of a violation of this article.
  5. The provisions of subdivision one of section  thirty-three  hundred
ninety-six of the public health law shall apply to this section.
  Fraud  and  deceit  related  to  controlled  substances  is  a class A
misdemeanor.

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