BILL NO A01655
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.
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.
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
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.
STATE OF NEW YORK
2015-2016 Regular Sessions
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
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.
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
20 Use of fraud or deceit to obtain a controlled substance is a class A
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.