A01655 Summary:

BILL NO    A01655 

SAME AS    No same as 

SPONSOR    Montesano (MS)

COSPNSR    Borelli, 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.
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A01655 Actions:

BILL NO    A01655 

01/12/2015 referred to codes
04/22/2015 held for consideration in codes
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A01655 Votes:

There are no votes for this bill in this legislative session.
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A01655 Memo:

BILL NUMBER:A1655

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
strengthening 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
Consideration 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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A01655 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1655

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S  2.  The penal law is amended by adding a new section 220.80 to read
    3  as follows:
    4  S 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.
                                                                  LBD05079-01-5
       A. 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    S 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.
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