N.Y. Public Health Law 3397 – Fraud and deceit
§ 3397. Fraud and deceit. 1. No person shall:
Terms Used In N.Y. Public Health Law 3397
- Controlled substance: means a substance or substances listed in section thirty-three hundred six of this title. See N.Y. Public Health Law 3302
- Distributor: means a person who distributes a controlled substance. See N.Y. Public Health Law 3302
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Institutional dispenser: means a hospital, veterinary hospital, clinic, dispensary, maternity home, nursing home, mental hospital or similar facility approved and certified by the department as authorized to obtain controlled substances by distribution and to dispense and administer such substances pursuant to the order of a practitioner. See N.Y. Public Health Law 3302
- Outsourcing facility: means a facility that:
(a) is engaged in the compounding of sterile drugs as defined in § 6802 of the education law;
(b) is currently registered as an outsourcing facility pursuant to Article one hundred thirty-seven of the education law; and
(c) complies with all applicable requirements of federal and state law, including the Federal Food, Drug and Cosmetic Act. See N.Y. Public Health Law 3302 - Person: means individual, institution, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See N.Y. Public Health Law 3302
- Pharmacist: means any person licensed by the state department of education to practice pharmacy. See N.Y. Public Health Law 3302
- Pharmacy: means any place registered as such by the New York state board of pharmacy and registered with the Federal agency pursuant to the federal controlled substances act. See N.Y. Public Health Law 3302
- Practitioner: means :
A physician, dentist, podiatrist, veterinarian, scientific investigator, or other person licensed, or otherwise permitted to dispense, administer or conduct research with respect to a controlled substance in the course of a licensed professional practice or research licensed pursuant to this article. See N.Y. Public Health Law 3302 - Prescription: shall mean an official New York state prescription, an electronic prescription, an oral prescription or an out-of-state prescription. See N.Y. Public Health Law 3302
(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) wilfully make a false statement in any prescription, order, application, report or record required by this article;
(c) falsely assume the title of, or represent himself 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;
(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 profession shall be presumptive evidence of his 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 a violation of this article.