Current through 2024 NY Law Chapter 443
Section 178.00 - Criminal diversion of prescription medications and prescriptions; definitionsThe following definitions are applicable to this article:
1. "Prescription medication or device" means any article for which a prescription is required in order to be lawfully sold, delivered or distributed by any person authorized by law to engage in the practice of the profession of pharmacy.2. "Prescription" means a direction or authorization by means of a written prescription form or an oral prescription which permits a person to lawfully obtain a prescription medication or device from any person authorized to dispense such prescription medication or device.3. "Criminal diversion act" means an act or acts in which a person knowingly: (a) transfers or delivers, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the recipient has no medical need for it; or(b) receives, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the seller or transferor is not authorized by law to sell or transfer such prescription medication or device; or(c) transfers or delivers a prescription in exchange for anything of pecuniary value; or(d) receives a prescription in exchange for anything of pecuniary value.