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
178.05 - Criminal diversion of prescription medications and prescriptions; limitation.
§ 178.05 Criminal diversion of prescription medications and prescriptions; limitation. 1. The provisions of this article shall not apply to: (a) a duly licensed physician or other person authorized to issue a prescription acting in good faith in the lawful course of his or her profession; or (b) a duly licensed pharmacist acting in good faith in the lawful course of the practice of pharmacy; or (c) a person acting in good faith seeking treatment for a medical condition or assisting another person to obtain treatment for a medical condition. 2. No provision of this article relating to the sale of a prescription medication or device shall be deemed to authorize any act prohibited by article thirty-three of the public health law or article two hundred twenty of this chapter.
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