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2022 New York Laws
PBH - Public Health
Article 33 - Controlled Substances
Title 7 - Offenses, Violations and Enforcement
3397 - Fraud and Deceit.

Universal Citation: NY Pub Health L § 3397 (2022)
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§ 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, owner  or  employee  of  a
registered  outsourcing  facility  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.
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