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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 10. Department of Health |
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Chapter II. Administrative Rules and Regulations |
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Subchapter K. Controlled Substances |
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Part 80. Rules and Regulations on Controlled Substances |
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Offenses, Violations and Enforcement |
Sec. 80.125. Fraud and deceit
Latest version.
- (a) No person shall:(1) obtain or attempt to obtain a controlled substance prescription or a controlled substance, or procure or attempt to procure the administration of a controlled substance:(i) by fraud, deceit, misrepresentation or subterfuge;(ii) by the use of a forged or altered prescription or written order;(iii) by the concealment of a material fact; or(iv) by the use of a false name or the giving of a false address;(2) willfully make a false statement in any prescription, order, report or record required by this Article;(3) falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, pharmacy, pharmacist, intern, nurse, physician, dentist, veterinarian or other authorized person, for the purpose of obtaining a controlled substance;(4) make or utter any false or forged prescription or false or forged written order;(5) affix any false or forged label to a package or receptacle containing controlled substances; or(6) willfully transmit an electronic prescription using an application or application provider that the practitioner knows does not comply with Federal requirements or is otherwise non-compliant.(b) Possession of a false or forged controlled substance prescription by any person other than a pharmacist in the pursuance of his profession shall be presumptive evidence of his intent to use the same for the purpose of illegally obtaining a controlled substance.(c) Any person who, in the course of treatment, is supplied with controlled substances or a prescription therefor by one physician and who, without disclosing the fact, is supplied during such treatment with controlled substances or a prescription therefor by another physician shall be guilty of a violation of this Part.