2010 New York Code
EDN - Education
Title 8 - THE PROFESSIONS
Article 137 - (6800 - 6828) PHARMACY
6816 - Omitting to label drugs, or labeling them wrongly.

§ 6816. Omitting  to label drugs, or labeling them wrongly.  1. a. Any
  person, who, in putting up any drug, medicine, or  food  or  preparation
  used  in medical practice, or making up any prescription, or filling any
  order for drugs, medicines, food or preparation puts any  untrue  label,
  stamp  or  other  designation  of contents upon any box, bottle or other
  package containing a drug, medicine, food or preparation used in medical
  practice, or substitutes or dispenses a different article for or in lieu
  of any article prescribed, ordered, or demanded, except  where  required
  pursuant  to  section  sixty-eight hundred sixteen-a of this article, or
  puts up a greater or lesser quantity of any ingredient specified in  any
  such  prescription,  order  or  demand  than that prescribed, ordered or
  demanded, except where required pursuant to paragraph (g) of subdivision
  two of section three hundred sixty-five-a of the social services law, or
  otherwise deviates from the terms of the prescription, order  or  demand
  by  substituting one drug for another, except where required pursuant to
  section sixty-eight hundred sixteen-a of this article, is  guilty  of  a
  misdemeanor;  provided,  however, that except in the case of physicians'
  prescriptions, nothing herein contained shall be deemed or construed  to
  prevent  or  impair  or in any manner affect the right of an apothecary,
  druggist, pharmacist or other person to recommend  the  purchase  of  an
  article  other than that ordered, required or demanded, but of a similar
  nature, or to sell such other article in place or in lieu of an  article
  ordered,  required  or  demanded,  with the knowledge and consent of the
  purchaser. Upon a second conviction for a violation of this section  the
  offender  must  be  sentenced to the payment of a fine not to exceed one
  thousand dollars and may be sentenced to imprisonment for a term not  to
  exceed  one  year.  The  third  conviction  of a violation of any of the
  provisions of this section, in addition to rendering the offender liable
  to the penalty prescribed by law for a second conviction, shall  forfeit
  any  right  which he may possess under the law of this state at the time
  of  such  conviction,  to  engage  as  proprietor,  agent,  employee  or
  otherwise, in the business of an apothecary, pharmacist, or druggist, or
  to  compound,  prepare  or  dispense  prescriptions or orders for drugs,
  medicines or foods or preparations used in  medical  practice;  and  the
  offender  shall  be  by  reason  of  such  conviction  disqualified from
  engaging  in  any  such  business  as  proprietor,  agent,  employee  or
  otherwise  or compounding, preparing or dispensing medical prescriptions
  or orders for drugs, medicines, or foods or preparations used in medical
  practice.
    b. The provisions of this section shall not apply to the practice of a
  practitioner who is not the proprietor of a store for the dispensing  or
  retailing  of  drugs, medicines and poisons, or who is not in the employ
  of such a proprietor, and shall not prevent practitioners from supplying
  their patients with such articles as they may deem proper, and except as
  to the labeling of poisons shall not apply to the sale of  medicines  or
  poisons  at  wholesale  when  not  for  the  use  or  consumption by the
  purchaser; provided, however, that the sale of medicines or  poisons  at
  wholesale  shall continue to be subject to such regulations as from time
  to time may be lawfully  made  by  the  board  of  pharmacy  or  by  any
  competent board of health.
    c.  The  provisions  of  this  section  shall  not  apply to a limited
  pharmacy which prepares a formulary containing the brand names  and  the
  generic  names  of  drugs and of manufacturers which it stocks, provided
  that it furnishes a copy of such formulary  to  each  physician  on  its
  staff  and  the  physician signs a statement authorizing the hospital to
  supply the drug under any generic or non-proprietary name listed therein
  and in conformity with the regulations of the commissioner of education.

2. For the purposes set forth in this section, the terms prescription,
  order or demand shall apply only to those items subject to provisions of
  subdivision one of section sixty-eight hundred ten of this chapter.  The
  written  order  of  a  physician  for items not subject to provisions of
  subdivision one of section sixty-eight hundred ten of this chapter shall
  be construed to be a direction, a fiscal order or a voucher.