NYSentencing

§ 178.26 Fraud and deceit related to controlled substances.
  1. No person shall willfully:
  (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) make a false statement in any  prescription,  order,  application,
report  or  record required by article thirty-three of the public health
law;
  (c) falsely assume the title of, or represent himself or herself to be
a   licensed   manufacturer,    distributor,    pharmacy,    pharmacist,
practitioner,  researcher,  approved  institutional  dispenser, owner or
employee of  a  registered  outsourcing  facility  or  other  authorized
person,  for  the  purpose  of obtaining a controlled substance as these
terms are defined in article thirty-three of the public health law;
  (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  or  her  profession shall be presumptive evidence of his or her
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 with the intent to deceive, intentionally withholds or intentionally
fails to disclose 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.
  5. The provisions of subdivision one of section  thirty-three  hundred
ninety-six of the public health law shall apply to this section.
  Fraud  and  deceit  related  to  controlled  substances  is  a class A
misdemeanor.
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