2012 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title K - OFFENSES INVOLVING FRAUD
Article 178 - (178.00 - 178.25) CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS AND PRESCRIPTIONS
178.00 - Criminal diversion of prescription medications and prescriptions; definitions.


NY Penal L § 178.00 (2012) What's This?
 
  § 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 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. "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) transfers or delivers a prescription in exchange for  anything  of
  pecuniary value; or
    (d)  receives  a  prescription  in  exchange for anything of pecuniary
  value.

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