§ 178.26 Fraud and deceit related to controlled substances.\n 1. No person shall willfully:\n (a) obtain or attempt to obtain a controlled substance, a prescription\nfor a controlled substance or an official New York state prescription\nform,\n (i) by fraud, deceit, misrepresentation or subterfuge; or\n (ii) by the concealment of a material fact; or\n (iii) by the use of a false name or the giving of a false address;\n (b) make a false statement in any prescription, order, application,\nreport or record required by article thirty-three of the public health\nlaw;\n (c) falsely assume the title of, or represent himself or herself to be\na licensed manufacturer, distributor, pharmacy, pharmacist,\npractitioner, researcher, approved institutional dispenser, owner or\nemployee of a registered outsourcing facility or other authorized\nperson, for the purpose of obtaining a controlled substance as these\nterms are defined in article thirty-three of the public health law;\n (d) make or utter any false or forged prescription or false or forged\nwritten order;\n (e) affix any false or forged label to a package or receptacle\ncontaining controlled substances; or\n (f) imprint on or affix to any controlled substance a false or forged\ncode number or symbol.\n 2. Possession of a false or forged prescription for a controlled\nsubstance by any person other than a pharmacist in the lawful pursuance\nof his or her profession shall be presumptive evidence of his or her\nintent to use the same for the purpose of illegally obtaining a\ncontrolled substance.\n 3. Possession of a blank official New York state prescription form by\nany person to whom it was not lawfully issued shall be presumptive\nevidence of such person's intent to use same for the purpose of\nillegally obtaining a controlled substance.\n 4. Any person who, in the course of treatment, is supplied with a\ncontrolled substance or a prescription therefor by one practitioner and\nwho with the intent to deceive, intentionally withholds or intentionally\nfails to disclose the fact, is supplied during such treatment with a\ncontrolled substance or a prescription therefor by another practitioner\nshall be guilty of a violation of this article.\n 5. The provisions of subdivision one of section thirty-three hundred\nninety-six of the public health law shall apply to this section.\n Fraud and deceit related to controlled substances is a class A\nmisdemeanor.\n
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