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ARTICLE 178
CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND PRESCRIPTIONS
Section 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.
178.15 Criminal diversion of prescription medications and
prescriptions in the third degree.
178.20 Criminal diversion of prescription medications and
prescriptions in the second degree.
178.25 Criminal diversion of prescription medications and
prescriptions in the first degree.
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.
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