Section 3397. Fraud and deceit


Latest version.
  • 1. No person shall:
        (a) obtain or attempt to obtain a controlled substance, a prescription
      for  a  controlled  substance or an official New York State prescription
      form,
        (i) by fraud, deceit, misrepresentation or subterfuge; or
        (ii) by the concealment of a material fact; or
        (iii) by the use of a false name or the giving of a false address;
        (b) wilfully make  a  false  statement  in  any  prescription,  order,
      application, report or record required by this article;
        (c) falsely assume the title of, or represent himself to be a licensed
      manufacturer,    distributor,    pharmacy,   pharmacist,   practitioner,
      researcher,  approved  institutional  dispenser,  or  other   authorized
      person, for the purpose of obtaining a controlled substance;
        (d)  make or utter any false or forged prescription or false or forged
      written order;
        (e) affix any false  or  forged  label  to  a  package  or  receptacle
      containing controlled substances; or
        (f)  imprint on or affix to any controlled substance a false or forged
      code number or symbol.
        2. Possession of a false  or  forged  prescription  for  a  controlled
      substance  by any person other than a pharmacist in the lawful pursuance
      of his profession shall be presumptive evidence of his intent to use the
      same for the purpose of illegally obtaining a controlled substance.
        3. Possession of a blank official New York state prescription form  by
      any  person  to  whom  it  was  not lawfully issued shall be presumptive
      evidence of such  person's  intent  to  use  same  for  the  purpose  of
      illegally obtaining a controlled substance.
        4.  Any  person  who,  in  the course of treatment, is supplied with a
      controlled substance or a prescription therefor by one practitioner  and
      who, without disclosing the fact, is supplied during such treatment with
      a   controlled   substance   or   a  prescription  therefor  by  another
      practitioner shall be guilty of a violation of this article.