 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2630
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2017
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Higher Education
 
        AN  ACT to amend the education law, in relation to unlawful transactions
          of prescription drugs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 6810-a
     2  to read as follows:
     3    §  6810-a.  Unlawful  transactions.  1.  It  shall be unlawful for any
     4  person to: (a) knowingly package, sell, deliver for sale, hold for  sale
     5  or  offer for sale, purchase, deliver for purchase, hold for purchase or
     6  offer for purchase (i) any prescription drug that he  or  she  knows  is
     7  adulterated,  misbranded,  counterfeit  or  has  otherwise been rendered
     8  unfit for distribution, or (ii) any drug  not  approved  by  the  United
     9  States food and drug administration or successor thereto for sale, other
    10  than  a drug compounded by a pharmacist pursuant to a valid prescription
    11  from an authorized prescriber;  or  (b)  intentionally  sell,  transfer,
    12  distribute  or  deliver a prescription drug to any wholesaler who is not
    13  licensed or registered pursuant to this article.  For purposes  of  this
    14  section, a compounded drug means a drug created by the combining, admix-
    15  ing, mixing, diluting, pooling, reconstituting, or otherwise altering of
    16  a marked and approved drug substance.
    17    2.  A  person  who  violates this section shall be guilty of a class D
    18  felony.
    19    3. Any drug packaged, sold, transferred, distributed or  delivered  in
    20  violation  of this section shall be contraband and subject to seizure by
    21  the department, the department of health or any law enforcement  officer
    22  of the state.
    23    § 2. This act shall take effect on the one hundred eightieth day after
    24  it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06288-01-7
Relates to the unlawful transaction of prescription drugs

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