|SAME AS||No Same As|
|COSPNSR||Finch, McKevitt, Graf, Duprey, Goodell, Saladino, Lupinacci, Blankenbush, Oaks, Friend|
|MLTSPNSR||Ceretto, Crouch, Garbarino, Gunther, Katz, Kearns, Lopez, Tenney|
|Rpld S3397, Pub Health L; add S220.80, Pen L|
|Prohibits the use of fraud or deceit to obtain a controlled substance.|
|01/12/2015||referred to codes|
|04/22/2015||held for consideration in codes|
|01/06/2016||referred to codes|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1655 SPONSOR: Montesano (MS)
TITLE OF BILL: An act to amend the penal law, in relation to prohibiting the use of fraud or deceit to obtain a controlled substance; and to repeal section 3397 of the public health law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to establish a penal law violation which would establish a class A misdemeanor for the use of fraud or deceit to obtain a controlled substance; repealer   SUMMARY OF SPECIFIC PROVISIONS: Amends the penal law by adding a new section 220.80.   JUSTIFICATION: In order to bolster the I-stop legislation previously passed by the legislature and signed into Law. Moving the existing provisions of PHL sec 3397 (4) into a new Penal Law section as a class A misdemeanor will give law enforcement a more necessary and potent tool to prosecute doctor shopping for the purpose of obtaining illegal prescriptions. Moving doctor shopping from the Public Health Law to the Penal Law will further reinforce the fight against prescription drug abuse by strength- ening penalties against those who seek to profit from weaknesses in the healthcare system. Positioning the law within the existing framework of the Penal Law will increase awareness of the availability of this tool within the law enforcement community which seeks a multifaceted approach to combating this epidemic, and will send a message to criminals that this activity will receive a renewed level of scrutiny and energy. The Penal Law version will be clearly described and defined as a misdemeanor felony which will ensure that resulting arrests will be adjudicated by either a district court or county criminal court which is where the prosecution of such activity is properly placed.   PRIOR LEGISLATIVE HISTORY: S.4064/A.1863 of 2014; referred to Codes on 1/08/14; Held for Consider- ation in Codes on 4/07/14   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
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STATE OF NEW YORK ________________________________________________________________________ 1655 2015-2016 Regular Sessions IN ASSEMBLY January 12, 2015 ___________ Introduced by M. of A. MONTESANO, BORELLI, FINCH, McKEVITT, GRAF, DUPREY, GOODELL, SALADINO, LUPINACCI, BLANKENBUSH, OAKS -- Multi-Spon- sored by -- M. of A. CERETTO, CROUCH, GARBARINO, GUNTHER, KATZ, KEARNS, LOPEZ, TENNEY -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to prohibiting the use of fraud or deceit to obtain a controlled substance; and to repeal section 3397 of the public health law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3397 of the public health law is REPEALED. 2 § 2. The penal law is amended by adding a new section 220.80 to read 3 as follows: 4 § 220.80 Use of fraud or deceit to obtain a controlled substance. 5 1. A person is guilty of use of fraud or deceit to obtain a controlled 6 substance when he or she: 7 (a) obtains or attempts to obtain a controlled substance, a 8 prescription for a controlled substance or an official New York state 9 prescription form: 10 (i) by fraud, deceit, misrepresentation or subterfuge; or 11 (ii) by the concealment of a material fact; or 12 (iii) by the use of a false name or the giving of a false address; 13 (b) wilfully makes a false statement in any prescription, order, 14 application, report or record required by article thirty-three of the 15 public health law; 16 (c) falsely assumes the title of, or represents himself or herself to 17 be a licensed manufacturer, distributor, pharmacy, pharmacist, practi- 18 tioner, researcher, approved institutional dispenser, or other author- 19 ized person, for the purpose of obtaining a controlled substance; 20 (d) makes or utters any false or forged prescription or false or 21 forged written order; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05079-01-5A. 1655 2 1 (e) affixes any false or forged label to a package or receptacle 2 containing controlled substances; or 3 (f) imprints on or affixes to any controlled substance a false or 4 forged code number or symbol. 5 2. Possession of a false or forged prescription for a controlled 6 substance by any person other than a pharmacist in the lawful pursuance 7 of his or her profession shall be presumptive evidence of his or her 8 intent to use the same for the purpose of illegally obtaining a 9 controlled substance. 10 3. Possession of a blank official New York state prescription form by 11 any person to whom it was not lawfully issued shall be presumptive 12 evidence of such person's intent to use same for the purpose of illegal- 13 ly obtaining a controlled substance. 14 4. Any person who, in the course of treatment, is supplied with a 15 controlled substance or a prescription therefor by one practitioner and 16 who, without disclosing the fact, is supplied during such treatment with 17 a controlled substance or a prescription therefor by another practition- 18 er shall be guilty of use of fraud or deceit to obtain a controlled 19 substance. 20 Use of fraud or deceit to obtain a controlled substance is a class A 21 misdemeanor. 22 § 3. This act shall take effect on the first of November next succeed- 23 ing the date on which it shall have become a law.