Relates to the unlawful transaction of prescription drugs; provides that a violation of this section is a class D felony and drugs packaged, sold, transferred, distributed, or delivered in violation of the section are subject to seizure.
STATE OF NEW YORK
________________________________________________________________________
5127
2015-2016 Regular Sessions
IN SENATE
May 4, 2015
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to unlawful transactions
of prescription drugs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 6810-a
2 to read as follows:
3 § 6810-a. Unlawful transactions. 1. It shall be unlawful for any
4 person to: (a) knowingly package, sell, deliver for sale, hold for sale
5 or offer for sale, purchase, deliver for purchase, hold for purchase or
6 offer for purchase (i) any prescription drug that he or she knows is
7 adulterated, misbranded, counterfeit or has otherwise been rendered
8 unfit for distribution, or (ii) any drug not approved by the United
9 States food and drug administration or successor thereto for sale, other
10 than a drug compounded by a pharmacist pursuant to a valid prescription
11 from an authorized prescriber; or (b) intentionally sell, transfer,
12 distribute or deliver a prescription drug to any wholesaler who is not
13 licensed or registered pursuant to this article. For purposes of this
14 section, a compounded drug means a drug created by the combining, admix-
15 ing, mixing, diluting, pooling, reconstituting, or otherwise altering of
16 a marked and approved drug substance.
17 2. A person who violates this section shall be guilty of a class D
18 felony.
19 3. Any drug packaged, sold, transferred, distributed or delivered in
20 violation of this section shall be contraband and subject to seizure by
21 the department, the department of health or any law enforcement officer
22 of the state.
23 § 2. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00544-01-5
