N.Y. Education Law § 6811: Misdemeanors

§ 6811. Misdemeanors. It shall be a class A misdemeanor for:

1. Any person knowingly or intentionally to prevent or refuse to

permit any board member or department representative to enter a pharmacy

or any other establishment for the purpose of lawful inspection;

2. Any person whose license has been revoked to refuse to deliver the

license;

3. Any pharmacist to display his license or permit it to be displayed

in a pharmacy of which he is not the owner or in which he is not

employed, or any owner to fail to display in his pharmacy the license of

the pharmacist employed in said pharmacy;

4. Any holder of a license to fail to display the license;

5. Any owner of a pharmacy to display or permit to be displayed in his

pharmacy the license of any pharmacist not employed in said pharmacy;

6. Any person to carry on, conduct or transact business under a name

which contains as a part thereof the words "drugs", "medicines", "drug

store", "apothecary", or "pharmacy", or similar terms or combination of

terms, or in any manner by advertisement, circular, poster, sign or

otherwise describe or refer to the place of business conducted by such

person, or describe the type of service or class of products sold by

such person, by the terms "drugs", "medicine", "drug store",

"apothecary", or "pharmacy", unless the place of business so conducted

is a pharmacy licensed by the department;

7. Any person to enter into an agreement with a physician, dentist,

podiatrist or veterinarian for the compounding or dispensing of secret

formula (coded) prescriptions;

9. Any person to manufacture, sell, deliver for sale, hold for sale or

offer for sale of any drug, device or cosmetic that is adulterated or

misbranded;

10. Any person to adulterate or misbrand any drug, device or cosmetic;

11. Any person to receive in commerce any drug, device or cosmetic

that is adulterated or misbranded, and to deliver or proffer delivery

thereof for pay or otherwise;

12. Any person to sell, deliver for sale, hold for sale, or offer for

sale any drug, device or cosmetic in violation of this article;

13. Any person to disseminate any false advertisement;

14. Any person to refuse to permit entry or inspection as authorized

by this article;

15. Any person to forge, counterfeit, simulate, or falsely represent,

or without proper authority using any mark, stamp, tag, label or other

identification device authorized or required by rules and regulations

promulgated under the provisions of this article;

16. Any person to use for his own advantage, or reveal, other than to

the commissioner or his duly authorized representative, or to the courts

when relevant in any judicial proceedings under this article, any

information acquired under authority of this article or concerning any

method or process, which is a trade secret;

17. Any person to alter, mutilate, destroy, obliterate or remove the

whole or any part of the labeling of, or the doing of any other act with

respect to a drug, device, or cosmetic, if such act is done while such

article is held for sale and results in such article being misbranded;

18. Any person to use on the labeling of any drug or in any

advertising relating to such drug any representation or suggestion that

an application with respect to such drug is effective under section

sixty-eight hundred seventeen of this chapter or that such is in

compliance with the provisions of such section;

19. Any person to violate any of the provisions of section sixty-eight

hundred ten of this article;

20. Any person to violate any of the provisions of section sixty-eight

hundred sixteen of this article;

21. Any person, to sell at retail or give away in tablet form

bichloride of mercury, mercuric chloride or corrosive sublimate, unless

such bichloride of mercury, mercuric chloride or corrosive sublimate,

when so sold, or given away, shall conform to the provisions of national

formulary XII. Nothing contained in this paragraph shall be construed to

prohibit the sale and dispensing of bichloride of mercury in any form,

shape, or color, when combined or compounded with one or more other

drugs or excipients, for the purposes of internal medication only, or

when sold in bulk in powder form, or to any preparation containing

one-tenth of a grain or less of bichloride of mercury;

22. Any pharmacy to fail to properly post the list required by section

sixty-eight hundred twenty-six of this article;

23. Any pharmacy to change its current selling price without changing

the listed price as provided by section sixty-eight hundred twenty-six

of this article;

24. Any person to refuse to permit access to or copying of any record

as required by this article; or

25. Any manufacturer to sell or offer for sale any drug not

manufactured, prepared or compounded under the personal supervision of a

chemist or licensed pharmacist or not labeled with the full name of the

manufacturer or seller.

26. Any outsourcing facility to sell or offer to sell any drug that is

not both compounded under the personal supervision of a licensed

pharmacist and labeled with the full name of the outsourcing facility.