What's happening
This bill makes it a class A misdemeanor to use fraud or deceit to obtain controlled substances or related prescriptions.
Why it matters
Expands criminal liability. The bill covers a wide range of deceptive behaviors related to controlled substances, including using false names, forged prescriptions, or fake pharmacy credentials, making it easier to prosecute various forms of prescription fraud.
Targets "doctor shopping". It specifically criminalizes the act of obtaining prescriptions from multiple practitioners without disclosure, directly addressing a common method of prescription drug abuse.
Creates presumptions for prosecution. Possession of a forged prescription or blank prescription form (by someone not authorized) is treated as presumptive evidence of intent to commit fraud, which could make it easier for prosecutors to secure convictions.
Shifts enforcement from public health to criminal law. By repealing the relevant section of the public health law and enacting these provisions under the penal law, the bill emphasizes criminal penalties over medical or administrative responses, potentially impacting how individuals with substance use issues are treated by the legal system.
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Who cares
Headline styles
Ban Drug Fraud
Plain English, a few words. Used as the page title.
Sponsors
3 Multi-sponsors
History
- Referred to codes
- Held for consideration in codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1976
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. MONTESANO, FINCH, McKEVITT, GRAF, GOODELL, SALA- DINO, LUPINACCI, BLANKENBUSH, OAKS, FRIEND -- Multi-Sponsored by -- M. of A. CROUCH, GARBARINO, GUNTHER, KEARNS, LOPEZ -- 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 Assembly, do enact as follows:
Section 1. Section 3397 of the public health law is REPEALED.
§ 2. The penal law is amended by adding a new section 220.80 to read as follows: § 220.80 Use of fraud or deceit to obtain a controlled substance.
1. A person is guilty of use of fraud or deceit to obtain a controlled substance when he or she:
(a) obtains or attempts 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) wilfully makes a false statement in any prescription, order, application, report or record required by article thirty-three of the public health law;
(c) falsely assumes the title of, or represents himself or herself to be a licensed manufacturer, distributor, pharmacy, pharmacist, practitioner, researcher, approved institutional dispenser, or other authorized person, for the purpose of obtaining a controlled substance;
(d) makes or utters any false or forged prescription or false or forged written order;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06062-01-7
A. 1976 2
(e) affixes any false or forged label to a package or receptacle containing controlled substances; or
(f) imprints on or affixes 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, without disclosing the fact, is supplied during such treatment with a controlled substance or a prescription therefor by another practitioner shall be guilty of use of fraud or deceit to obtain a controlled substance.
Use of fraud or deceit to obtain a controlled substance is a class A misdemeanor.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.