Bill S5260C-2011

Relates to criminal diversion of prescription medications and prescriptions, establishing certain other offenses related thereto

Relates to criminal diversion of prescription medications and prescriptions; establishes the offense of fraudulent prescription, dispensing and procurement of non-controlled substance prescription medications and devices; establishes the offense of unlawful possession of non-controlled substance prescription medications and devices.

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  • Feb 13, 2012: referred to codes
  • Feb 13, 2012: DELIVERED TO ASSEMBLY
  • Feb 13, 2012: PASSED SENATE
  • Feb 7, 2012: ADVANCED TO THIRD READING
  • Feb 7, 2012: AMENDED 5260C
  • Feb 6, 2012: 2ND REPORT CAL.
  • Jan 31, 2012: 1ST REPORT CAL.161
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 14, 2011: referred to codes
  • Jun 14, 2011: DELIVERED TO ASSEMBLY
  • Jun 14, 2011: PASSED SENATE
  • Jun 14, 2011: ORDERED TO THIRD READING CAL.1247
  • Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 10, 2011: PRINT NUMBER 5260B
  • Jun 10, 2011: AMEND AND RECOMMIT TO CODES
  • Jun 2, 2011: PRINT NUMBER 5260A
  • Jun 2, 2011: AMEND (T) AND RECOMMIT TO CODES
  • May 3, 2011: REFERRED TO CODES

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BILL NUMBER:S5260C

TITLE OF BILL: An act to amend the penal law, in relation to criminal diversion of prescription medications and prescriptions, establishing the offense of fraudulent prescription, dispensing and procurement of non-controlled substance prescription medications and devices, and establishing the offense of unlawful possession of non-controlled substance prescription medications and devices

PURPOSE: This bill would address the growing black market in prescription drugs by restructuring the existing crime of prescription medications and adding a new Penal Law article 179 entitled Fraudulent Prescription, Dispensing and Procurement of Non-controlled Substance Prescription Medications and Devices.

SUMMARY OF PROVISIONS: Sections 1 through 7 of the bill restructure the existing crime of criminal diversion of prescription medications and prescriptions by amending Penal Law ("PL") sections 178.00, 178.05, 178.10, 178.15, 178.20 and 178.25 and by adding a new section 178.30. This restructuring enhances sanctions when unlawful criminal diversion acts are committed on multiple occasions within a given period of time, and when such acts are committed by a physician, pharmacist or other person authorized to issue a prescription or to dispense prescription medications and devices. section 178.00 is amended to clarify that transactions between undercover agents and those who commit criminal diversion acts may be prosecuted, and section 178.05 is amended to clarify that those seeking to obtain a lawful prescription or prescription medication, and those seeking to assist such persons, are exempt from prosecution for criminal diversion.

Section 8 of the bill adds a new PL Article 179 entitled Fraudulent Prescription, Dispensing and Procurement of Non-controlled substance Prescription Medications and Devices. New PL §179.00 defines the terms prescription medication or device, prescription, controlled substance, dispensing and dispenses for purposes of new Article 179. New PL §179.05 establishes the crime of fraudulent prescription, dispensing and procurement of non-controlled substance prescription medications and devices in the third degree; it is a D felony. New PL §179.10 creates that crime in the second degree, as a C felony, and new PL §179.15 creates that crime in the first degree, as a B felony.

Section 9 of the bill adds a new PL Article 219 entitled unlawful possession of Non-controlled Substance prescription Medications and Devices. New PL §219 defines terms for purposes of the new article and new PL §219.05 sets out limitations on application of the new article. New PL §§ 219.10, 219.15, 219.20, 219.25 and 219.30 establish the crimes of unlawful possession of noncontrolled substance prescription medications and devices in the fifth to first degrees.

The amendments in the A-print added language regarding electronic prescriptions and prescription forms. The phrase "electronic prescription" was added to the definition of prescription in CPL section 178.00(2), a definition of "prescription form" was added, and both phrases were inserted as needed in .other parts of the bill. The amendments in the B-print change the knowledge and intent language in new PL sections 179.05 and 179.10 (changing "reasonable grounds to know" to "actual knowledge") and new PL 219,10 (adding intent to sell to the existing language that requires knowing possession).

JUSTIFICATION: There has been an exploding black market in non-controlled substance prescription medications. Non-controlled substance prescription medications include AIDS medication, asthma medication, and anti-psychotic medication, among many others. These medications, 11sually the most expensive, are most often paid for with Medicaid dollars and sold on the street for a fraction of their actual value. The purchasers of these medications bring the medications to a stash house where they are collected and re-sold back to unscrupulous pharmacies or shipped overseas. This has many severe consequences:

o Sick patients are not taking their medications and instead are selling them on the street for cash.

o Unsuspecting patients can purchase drugs that have been illegally re-sold to the pharmacy without any quality control over the storage or maintenance of the medication.

o Medicaid is paying huge sums for medications that are dispensed under fraudulent circumstances. For example, an unscrupulous pharmacy can charge Medicaid for a medicine that it has purchased at a significantly lower price through the black market. Most likely Medicaid has already paid for this medicine on an earlier occasion when it was dispensed to a sick person who subsequently sold the medicine on the street.

The current law did not contemplate the large-scale illegal market in these drugs. As a result, there is either no penalty or insufficient penalties for the following conduct:

o repeatedly purchasing non-controlled substance prescription medications by someone with no medical need for the medication (the people who are buying up medications for the black market);

o possession of large quantities of non-controlled substance prescription medications by someone with no lawful basis for the prescription (the people who have the stash houses for the black market medicine);

o the writing of fraudulent prescriptions by physicians to "patients" with no medical need for the medication; and

o the purchasing or dispensing of medications by pharmacists who have obtained the medication through the black market,

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect 90 days after becoming a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5260--C Cal. No. 161 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sens. HANNON, GALLIVAN, SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third read- ing, and to be reprinted as amended, retaining its place in the order of third reading AN ACT to amend the penal law, in relation to criminal diversion of prescription medications and prescriptions, establishing the offense of fraudulent prescription, dispensing and procurement of non-cont- rolled substance prescription medications and devices, and establish- ing the offense of unlawful possession of non-controlled substance prescription medications and devices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 178.00 of the penal law, as added by chapter 81 of the laws of 1995, is amended to read as follows: 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, ELECTRONIC PRESCRIPTION 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. "PRESCRIPTION FORM" MEANS AN OFFICIAL STATE PRESCRIPTION FORM AUTHORIZED BY A STATE FOR USE BY HEALTH PRACTITIONERS AUTHORIZED TO WRITE PRESCRIPTIONS. 4. "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) RECEIVES, IN EXCHANGE FOR ANYTHING OF PECUNIARY VALUE, A PRESCRIPTION MEDICATION OR DEVICE, PRESCRIPTION, OR PRESCRIPTION FORM FROM A LAW ENFORCEMENT OFFICER ACTING IN AN UNDERCOVER CAPACITY OR HIS OR HER AGENT, BELIEVING OR HAVING REASONABLE GROUND TO BELIEVE THAT THE OFFICER OR HIS OR HER AGENT IS SOMEONE WHO IS NOT AUTHORIZED BY LAW TO SELL OR TRANSFER SUCH PRESCRIPTION MEDICATION OR DEVICE, PRESCRIPTION, OR PRESCRIPTION FORM; OR (D) transfers or delivers a prescription OR PRESCRIPTION FORM in exchange for anything of pecuniary value; or [(d)] (E) receives a prescription OR PRESCRIPTION FORM in exchange for anything of pecuniary value. S 2. Paragraph (c) of subdivision 1 of section 178.05 of the penal law, as added by chapter 81 of the laws of 1995, is amended and two new paragraphs (d) and (e) are added to read as follows: (c) a person acting in good faith WHO IS seeking [treatment for a medical condition or assisting another person to obtain treatment for a medical condition] TO OBTAIN A PRESCRIPTION, PRESCRIPTION MEDICATION OR DEVICE THAT HAS BEEN LAWFULLY PRESCRIBED TO HIM OR HER, AND FOR WHICH HE OR SHE HAS A MEDICAL NEED; OR (D) A PERSON ACTING IN GOOD FAITH, WHO REASONABLY BELIEVES THAT HE OR SHE IS ASSISTING ANOTHER PERSON TO OBTAIN A PRESCRIPTION, PRESCRIPTION MEDICATION OR DEVICE THAT HAS BEEN LAWFULLY PRESCRIBED TO THAT OTHER PERSON; OR (E) A DULY REGISTERED MANUFACTURER OR WHOLESALER OF DRUGS, AS DEFINED IN ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW, ACTING IN GOOD FAITH IN THE LAWFUL COURSE OF HIS OR HER BUSINESS. S 3. Section 178.10 of the penal law, as added by chapter 81 of the laws of 1995, is amended to read as follows: S 178.10 Criminal diversion of prescription medications and prescriptions in the [fourth] FIFTH degree. A person is guilty of criminal diversion of prescription medications and prescriptions in the [fourth] FIFTH degree when he or she commits a criminal diversion act. Criminal diversion of prescription medications and prescriptions in the [fourth] FIFTH degree is a class A misdemeanor. S 4. Section 178.15 of the penal law, as added by chapter 81 of the law of 1995, is amended to read as follows: S 178.15 Criminal diversion of prescription medications and prescriptions in the [third] FOURTH degree. A person is guilty of criminal diversion of prescription medications and prescriptions in the [third] FOURTH 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]; OR 3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS AND PRESCRIPTIONS IN THE FIFTH DEGREE ON TWO OR MORE OCCASIONS OVER A THIRTY-FIVE DAY PERIOD. Criminal diversion of prescription medications and prescriptions in the [third] FOURTH degree is a class E felony. S 5. Section 178.20 of the penal law, as added by chapter 81 of the laws of 1995, is amended to read as follows: S 178.20 Criminal diversion of prescription medications and prescriptions in the [second] THIRD degree. A person is guilty of criminal diversion of prescription medications and prescriptions in the [second] THIRD degree when he or she: 1. commits a criminal diversion act, and the value of the benefit exchanged is in excess of three thousand dollars; OR 2. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS AND PRESCRIPTIONS IN THE FIFTH DEGREE ON FOUR OR MORE OCCASIONS OVER A THIRTY-FIVE DAY PERIOD; OR 3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICA- TIONS AND PRESCRIPTIONS IN THE FIFTH DEGREE, AND IS: (A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR (B) A PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE PRESCRIPTION MEDICATIONS AND DEVICES. Criminal diversion of prescription medications and prescriptions in the [second] THIRD degree is a class D felony. S 6. Section 178.25 of the penal law, as added by chapter 81 of the laws of 1995, is amended to read as follows: S 178.25 Criminal diversion of prescription medications and prescriptions in the [first] SECOND degree. A person is guilty of criminal diversion of prescription medications and prescriptions in the [first] SECOND degree when he or she: 1. commits a criminal diversion act, and the value of the benefit exchanged is in excess of fifty thousand dollars; OR 2. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS AND PRESCRIPTIONS IN THE FIFTH DEGREE ON SIX OR MORE OCCASIONS OVER A THIRTY-FIVE DAY PERIOD; OR 3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS AND PRESCRIPTIONS IN THE FIFTH DEGREE ON TWO OR MORE OCCASIONS OVER A NINETY DAY PERIOD, AND IS: (A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR (B) A PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE PRESCRIPTION MEDICATIONS AND DEVICES. Criminal diversion of prescription medications and prescriptions in the [first] SECOND degree is a class C felony. S 7. The penal law is amended by adding a new section 178.30 to read as follows: S 178.30 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 THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS OR PRESCRIPTIONS IN
THE FIFTH DEGREE ON FIVE OR MORE OCCASIONS OVER A NINETY DAY PERIOD, AND IS: (A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR (B) A PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE PRESCRIPTION MEDICATIONS AND DEVICES. CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS AND PRESCRIPTIONS IN THE FIRST DEGREE IS A CLASS B FELONY. S 8. The penal law is amended by adding a new article 179 to read as follows: ARTICLE 179 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES SECTION 179.00 DEFINITIONS. 179.05 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE. 179.10 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE. 179.15 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE. S 179.00 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, AN ELECTRONIC PRESCRIPTION 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. "CONTROLLED SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN SCHEDULE I, II, III, IV OR V OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW OTHER THAN MARIHUANA, BUT INCLUDING CONCENTRATED CANNABIS AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF SUCH LAW. 4. "DISPENSING" AND "DISPENSES" REFER TO THE DISPENSING OF A PRESCRIPTION MEDICATION OR DEVICE FROM OR WITHIN A PHARMACY, HOSPITAL, PHYSICIAN'S OFFICE, CLINIC OR OTHER PHARMACEUTICAL OR MEDICAL FACILITY. S 179.05 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE. A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE- MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE WHEN HE OR SHE: 1. ISSUES A WRITTEN, ELECTRONIC OR ORAL PRESCRIPTION FOR A NON-CONT- ROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE, AND IS NOT A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH PRESCRIPTION; OR 2. DISPENSES A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE, WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT: (A) THE PERSON FOR WHOM THE MEDICATION OR DEVICE HAS BEEN PRESCRIBED HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
(B) NO PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH PRESCRIPTION; OR (C) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR (D) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH PRESCRIPTION WHO WAS ACTING OTHER THAN IN GOOD FAITH IN THE LAWFUL COURSE OF HIS OR HER PROFESSIONAL PRACTICE. 3. PRESENTS OR SUBMITS A PRESCRIPTION FOR A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE TO, OR RECEIVES A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE FROM, A DULY LICENSED PHAR- MACIST OR OTHER PERSON AUTHORIZED TO DISPENSE SUCH PRESCRIPTION MEDICA- TION OR DEVICE, WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT: (A) THE PERSON FOR WHOM THE MEDICATION OR DEVICE HAS BEEN PRESCRIBED HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR (B) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS NOT ISSUED BY A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH PRESCRIPTION; OR (C) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR (D) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH PRESCRIPTION WHO WAS ACTING OTHER THAN IN GOOD FAITH IN THE LAWFUL COURSE OF HIS OR HER PROFESSIONAL PRACTICE. FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE IS A CLASS D FELONY. S 179.10 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE. A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE- MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE WHEN HE OR SHE: 1. BEING A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION, ISSUES A WRITTEN, ELECTRONIC OR ORAL PRESCRIPTION FOR A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE, OR DISPENSES A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE: (A) WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT THE PERSON FOR WHOM THE PRESCRIPTION IS ISSUED, OR TO WHOM THE MEDICATION IS DISPENSED, HAS NO MEDICAL NEED FOR THE MEDICATION OR DEVICE THAT IS BEING PRESCRIBED; OR (B) OTHER THAN IN GOOD FAITH IN THE LAWFUL COURSE OF HIS OR HER PROFESSIONAL PRACTICE; OR 2. BEING A DULY LICENSED PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE A PRESCRIPTION MEDICATION OR DEVICE, DISPENSES A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE: (A) WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT: (I) THE PERSON FOR WHOM THE MEDICATION OR DEVICE HAS BEEN PRESCRIBED HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR (II) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS NOT ISSUED BY A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH PRESCRIPTION; OR (III) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR (IV) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH PRESCRIPTION WHO WAS ACTING OTHER THAN IN GOOD FAITH IN THE LAWFUL COURSE OF HIS OR HER PROFESSIONAL PRACTICE; OR
(B) OTHER THAN IN GOOD FAITH, IN THE COURSE OF HIS OR HER LAWFUL PROFESSIONAL PRACTICE. FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE IS A CLASS C FELONY. S 179.15 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE. A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE- MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE WHEN HE OR SHE, BEING EITHER A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION, OR A DULY LICENSED PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE A PRESCRIPTION MEDICA- TION OR DEVICE, COMMITS THE CRIME OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE ON TWO OR MORE OCCASIONS WITHIN A NINETY DAY PERIOD. FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE IS A CLASS B FELONY. S 9. Title M of the penal law is amended by adding a new article 219 to read as follows: ARTICLE 219 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES SECTION 219.00 DEFINITIONS. 219.05 LIMITATIONS ON APPLICATION OF ARTICLE. 219.10 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH DEGREE. 219.15 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FOURTH DEGREE. 219.20 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE. 219.25 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE. 219.30 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE. S 219.00 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, AN ELECTRONIC PRESCRIPTION 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. "CONTROLLED SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN SCHEDULE I, II, III, IV OR V OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW OTHER THAN MARIHUANA, BUT INCLUDING CONCENTRATED CANNABIS AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF SUCH LAW. 4. THE VALUE OF A PRESCRIPTION MEDICATION OR DEVICE SHALL BE EQUIV- ALENT TO THE FAIR MARKET VALUE OF SUCH MEDICATION OR DEVICE ON THE LAWFUL RETAIL MARKET, AT ABOUT THE TIME AND PLACE THAT THE CRIME IS COMMITTED. S 219.05 LIMITATIONS ON APPLICATION OF ARTICLE. THE PROVISIONS OF THIS ARTICLE RESTRICTING THE UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES SHALL NOT APPLY: 1. TO COMMON CARRIERS OR TO WAREHOUSEMEN, WHILE ENGAGED IN LAWFULLY TRANSPORTING OR STORING SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDI- CATIONS AND DEVICES, OR TO ANY EMPLOYEE OF THE SAME ACTING WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT; OR 2. TO PUBLIC OFFICERS OR THEIR EMPLOYEES IN THE LAWFUL PERFORMANCE OF THEIR OFFICIAL DUTIES REQUIRING THE POSSESSION OR CONTROL OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES; OR 3. TO TEMPORARY INCIDENTAL POSSESSION BY EMPLOYEES OR AGENTS OF PERSONS LAWFULLY ENTITLED TO POSSESS SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES, OR BY PERSONS WHOSE POSSESSION IS FOR THE PURPOSE OF AIDING PUBLIC OFFICERS IN PERFORMING THEIR OFFICIAL DUTIES; OR 4. TO A DULY LICENSED PHYSICIAN, DULY LICENSED PHARMACIST OR OTHER PERSON AUTHORIZED TO POSSESS OR DISPENSE SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES, ACTING IN GOOD FAITH IN THE LAWFUL COURSE OF HIS OR HER PROFESSION; OR 5. TO TEMPORARY INCIDENTAL POSSESSION BY A PERSON ACTING IN GOOD FAITH WHO REASONABLY BELIEVES THAT HE OR SHE IS ASSISTING ANOTHER PERSON TO OBTAIN A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE THAT HAS BEEN LAWFULLY PRESCRIBED TO THAT OTHER PERSON. S 219.10 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH DEGREE. A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH DEGREE WHEN SUCH PERSON KNOWINGLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS OR DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED TO HIM OR HER, UNDER CIRCUMSTANCES EVINCING AN INTENT TO SELL THE SAME; AND 1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES EXCEEDS TWO HUNDRED DOLLARS; OR 2. HE OR SHE POSSESSES TWENTY OR MORE PILLS, TABLETS OR CAPSULES OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES. UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA- TIONS AND DEVICES IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR. S 219.15 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FOURTH DEGREE. A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FOURTH DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED TO HIM OR HER; AND 1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES EXCEEDS FIVE HUNDRED DOLLARS; OR 2. HE OR SHE POSSESSES FIFTY OR MORE PILLS, TABLETS OR CAPSULES OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES; OR
3. HE OR SHE POSSESSES A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA- TION OR DEVICE WITH AN INTENT TO SELL IT; OR 4. HE OR SHE COMMITS THE CRIME OF UNLAWFUL POSSESSION OF NON-CONT- ROLLED PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH DEGREE, AND HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF UNLAWFUL POSSESSION OF NON-CONTROLLED PRESCRIPTION MEDICATIONS AND DEVICES. UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA- TIONS AND DEVICES IN THE FOURTH DEGREE IS A CLASS E FELONY. S 219.20 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE. A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED TO HIM OR HER; AND 1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES EXCEEDS FIFTEEN HUNDRED DOLLARS; OR 2. HE OR SHE POSSESSES ONE HUNDRED FIFTY OR MORE PILLS, TABLETS OR CAPSULES OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES. UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA- TIONS AND DEVICES IN THE THIRD DEGREE IS A CLASS D FELONY. S 219.25 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE. A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED TO HIM OR HER; AND 1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES EXCEEDS TEN THOUSAND DOLLARS; OR 2. HE OR SHE POSSESSES ONE THOUSAND OR MORE PILLS, TABLETS OR CAPSULES OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES. UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA- TIONS AND DEVICES IN THE SECOND DEGREE IS A CLASS C FELONY. S 219.30 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE. A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED TO HIM OR HER; AND 1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES EXCEEDS ONE HUNDRED THOUSAND DOLLARS; OR 2. HE OR SHE POSSESSES TEN THOUSAND OR MORE PILLS, TABLETS OR CAPSULES OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES. UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA- TIONS AND DEVICES IN THE FIRST DEGREE IS A CLASS B FELONY. S 10. This act shall take effect on the ninetieth day after it shall have become a law.

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