STATE OF NEW YORK
________________________________________________________________________
S. 7902 A. 10154
SENATE - ASSEMBLY
June 17, 2014
___________
IN SENATE -- Introduced by Sen. HANNON -- (at request of the Governor)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Rules
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
A. Hennessey) -- (at request of the Governor) -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to criminalizing the sale of
a controlled substance by a practitioner or pharmacist
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 220.65 of the penal law, as added by chapter 118
2 of the laws of 1986, is amended to read as follows:
3 § 220.65 Criminal sale of a prescription for a controlled substance or
4 of a controlled substance by a practitioner or pharmacist.
5 A person is guilty of criminal sale of a prescription for a controlled
6 substance or of a controlled substance by a practitioner or pharmacist
7 when[,]: 1. being a practitioner, as that term is defined in section
8 thirty-three hundred two of the public health law, he or she knowingly
9 and unlawfully sells a prescription for a controlled substance. For the
10 purposes of this section, a person sells a prescription for a controlled
11 substance unlawfully when he or she does so other than in good faith in
12 the course of his or her professional practice; or
13 2. being a practitioner or pharmacist, as those terms are defined in
14 section thirty-three hundred two of the public health law, he or she,
15 acting other than in good faith, while purporting to act within the
16 scope of the power, authority and privileges of his or her license, as
17 that term is defined in section thirty-three hundred two of the public
18 health law, knowingly and unlawfully sells a controlled substance.
19 Criminal sale of a prescription for a controlled substance or of a
20 controlled substance by a practitioner or pharmacist is a class C felo-
21 ny.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12107-01-4
