N.Y. Comp. Codes R. & Regs. tit. 10 § 80.125

Current through Register Vol. 46, No. 39, September 25, 2024

Section 80.125 - Fraud and deceit

(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.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 80.125