2006 New York Code - Fraud And Deceit



 
    § 3397. Fraud and deceit.  1. No person shall:
    (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,  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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.