§ 178.05 Criminal diversion of prescription medications and
prescriptions; limitation.
1. The provisions of this article shall not apply to:
(a) a duly licensed physician or other person authorized to issue a
prescription acting in good faith in the lawful course of his or her
profession; or
(b) a duly licensed pharmacist acting in good faith in the lawful
course of the practice of pharmacy; or
(c) a person acting in good faith seeking treatment for a medical
condition or assisting another person to obtain treatment for a medical
condition.
2. No provision of this article relating to the sale of a
prescription medication or device shall be deemed to authorize any act
prohibited by article thirty-three of the public health law or article
two hundred twenty of this chapter.
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