2020 New York Laws
PEN - Penal
Part 3 - Specific Offenses
Title K - Offenses Involving Fraud
Article 178 - Criminal Diversion of Prescription Medications and Prescriptions
178.00 - Criminal Diversion of Prescription Medications and Prescriptions; Definitions.

Universal Citation:
NY Penal L § 178.00 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 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.

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.