2014 New York Laws
EDN - Education
Title 8 - THE PROFESSIONS
Article 137 - (6800 - 6831) PHARMACY
6811 - Misdemeanors.

 6811. Misdemeanors. It shall be a class A misdemeanor for:
1.  Any  person  knowingly  or  intentionally  to prevent or refuse to
  permit any board member or department representative to enter a pharmacy
  or any other establishment for the purpose of lawful inspection;
2. Any person whose license has been revoked to refuse to deliver  the
  license;
3.  Any pharmacist to display his license or permit it to be displayed
  in a pharmacy of which he is not  the  owner  or  in  which  he  is  not
  employed, or any owner to fail to display in his pharmacy the license of
  the pharmacist employed in said pharmacy;
4. Any holder of a license to fail to display the license;
5. Any owner of a pharmacy to display or permit to be displayed in his
  pharmacy the license of any pharmacist not employed in said pharmacy;
6.  Any  person to carry on, conduct or transact business under a name
  which contains as a part thereof the words "drugs",  "medicines",  "drug
  store",  "apothecary", or "pharmacy", or similar terms or combination of
  terms, or in any manner by  advertisement,  circular,  poster,  sign  or
  otherwise  describe  or refer to the place of business conducted by such
  person, or describe the type of service or class  of  products  sold  by
  such   person,   by   the   terms  "drugs",  "medicine",  "drug  store",
  "apothecary", or "pharmacy", unless the place of business  so  conducted
  is a pharmacy licensed by the department;
7.  Any  person  to enter into an agreement with a physician, dentist,
  podiatrist or veterinarian for the compounding or dispensing  of  secret
  formula (coded) prescriptions;
8.  Any person to sell or distribute any instrument or article, or any
  recipe, drug or medicine for the prevention of  conception  to  a  minor
  under  the  age  of sixteen years; the sale or distribution of such to a
  person other than a minor under the age of sixteen years  is  authorized
  only  by  a licensed pharmacist but the advertisement or display of said
  articles, within or without the premises  of  such  pharmacy  is  hereby
  prohibited;
9. Any person to manufacture, sell, deliver for sale, hold for sale or
  offer  for  sale  of any drug, device or cosmetic that is adulterated or
  misbranded;
10. Any person to adulterate or misbrand any drug, device or cosmetic;
11. Any person to receive in commerce any  drug,  device  or  cosmetic
  that  is  adulterated  or misbranded, and to deliver or proffer delivery
  thereof for pay or otherwise;
12. Any person to sell, deliver for sale, hold for sale, or offer  for
  sale any drug, device or cosmetic in violation of this article;
13. Any person to disseminate any false advertisement;
14.  Any  person to refuse to permit entry or inspection as authorized
  by this article;
15. Any person to forge, counterfeit, simulate, or falsely  represent,
  or  without  proper authority using any mark, stamp, tag, label or other
  identification device authorized or required by  rules  and  regulations
  promulgated under the provisions of this article;
16.  Any person to use for his own advantage, or reveal, other than to
  the commissioner or his duly authorized representative, or to the courts
  when relevant in  any  judicial  proceedings  under  this  article,  any
  information  acquired  under authority of this article or concerning any
  method or process, which is a trade secret;
17. Any person to alter, mutilate, destroy, obliterate or  remove  the
  whole or any part of the labeling of, or the doing of any other act with
  respect  to  a drug, device, or cosmetic, if such act is done while such
  article is held for sale and results in such article being misbranded;

18. Any person  to  use  on  the  labeling  of  any  drug  or  in  any
  advertising  relating to such drug any representation or suggestion that
  an application with respect to such  drug  is  effective  under  section
  sixty-eight  hundred  seventeen  of  this  chapter  or  that  such is in
  compliance with the provisions of such section;
19. Any person to violate any of the provisions of section sixty-eight
  hundred ten of this article;
20. Any person to violate any of the provisions of section sixty-eight
  hundred sixteen of this article;
21.  Any  person,  to  sell  at  retail  or  give  away in tablet form
  bichloride of mercury, mercuric chloride or corrosive sublimate,  unless
  such  bichloride  of  mercury, mercuric chloride or corrosive sublimate,
  when so sold, or given away, shall conform to the provisions of national
  formulary XII. Nothing contained in this paragraph shall be construed to
  prohibit the sale and dispensing of bichloride of mercury in  any  form,
  shape,  or  color,  when  combined  or compounded with one or more other
  drugs or excipients, for the purposes of internal  medication  only,  or
  when  sold  in  bulk  in  powder  form, or to any preparation containing
  one-tenth of a grain or less of bichloride of mercury;
22. Any pharmacy to fail to properly post the list required by section
  sixty-eight hundred twenty-six of this article;
23. Any pharmacy to change its current selling price without  changing
  the  listed  price as provided by section sixty-eight hundred twenty-six
  of this article;
24. Any person to refuse to permit access to or copying of any  record
  as required by this article; or
25.  Any  manufacturer  to  sell  or  offer  for  sale  any  drug  not
  manufactured, prepared or compounded under the personal supervision of a
  chemist or licensed pharmacist or not labeled with the full name of  the
  manufacturer or seller.
26. Any outsourcing facility to sell or offer to sell any drug that is
  not  both  compounded  under  the  personal  supervision  of  a licensed
  pharmacist and labeled with the full name of the outsourcing facility.