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2022 New York Laws
PEN - Penal
Part 3 - Specific Offenses
Title K - Offenses Involving Fraud
Article 178 - Criminal Diversion of Prescription Medications and Prescriptions
178.05 - Criminal Diversion of Prescription Medications and Prescriptions; Limitation.

Universal Citation:
NY Penal L § 178.05 (2022)
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.
§ 178.05 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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