N.Y. Education Law § 6816: Omitting to label drugs, or labeling them wrongly

§ 6816. Omitting to label drugs, or labeling them wrongly. 1. a. Any

person, who, in putting up any drug, medicine, or food or preparation

used in medical practice, or making up any prescription, or filling any

order for drugs, medicines, food or preparation puts any untrue label,

stamp or other designation of contents upon any box, bottle or other

package containing a drug, medicine, food or preparation used in medical

practice, or substitutes or dispenses a different article for or in lieu

of any article prescribed, ordered, or demanded, except where required

pursuant to section sixty-eight hundred sixteen-a of this article, or

puts up a greater or lesser quantity of any ingredient specified in any

such prescription, order or demand than that prescribed, ordered or

demanded, except where required pursuant to paragraph (g) of subdivision

two of section three hundred sixty-five-a of the social services law, or

otherwise deviates from the terms of the prescription, order or demand

by substituting one drug for another, except where required pursuant to

section sixty-eight hundred sixteen-a of this article, is guilty of a

misdemeanor; provided, however, that except in the case of physicians'

prescriptions, nothing herein contained shall be deemed or construed to

prevent or impair or in any manner affect the right of an apothecary,

druggist, pharmacist or other person to recommend the purchase of an

article other than that ordered, required or demanded, but of a similar

nature, or to sell such other article in place or in lieu of an article

ordered, required or demanded, with the knowledge and consent of the

purchaser. Upon a second conviction for a violation of this section the

offender must be sentenced to the payment of a fine not to exceed one

thousand dollars and may be sentenced to imprisonment for a term not to

exceed one year. The third conviction of a violation of any of the

provisions of this section, in addition to rendering the offender liable

to the penalty prescribed by law for a second conviction, shall forfeit

any right which he may possess under the law of this state at the time

of such conviction, to engage as proprietor, agent, employee or

otherwise, in the business of an apothecary, pharmacist, or druggist, or

to compound, prepare or dispense prescriptions or orders for drugs,

medicines or foods or preparations used in medical practice; and the

offender shall be by reason of such conviction disqualified from

engaging in any such business as proprietor, agent, employee or

otherwise or compounding, preparing or dispensing medical prescriptions

or orders for drugs, medicines, or foods or preparations used in medical

practice.

b. The provisions of this section shall not apply to the practice of a

practitioner who is not the proprietor of a store for the dispensing or

retailing of drugs, medicines and poisons, or who is not in the employ

of such a proprietor, and shall not prevent practitioners from supplying

their patients with such articles as they may deem proper, and except as

to the labeling of poisons shall not apply to the sale of medicines or

poisons at wholesale when not for the use or consumption by the

purchaser; provided, however, that the sale of medicines or poisons at

wholesale shall continue to be subject to such regulations as from time

to time may be lawfully made by the board of pharmacy or by any

competent board of health.

c. The provisions of this section shall not apply to a limited

pharmacy which prepares a formulary containing the brand names and the

generic names of drugs and of manufacturers which it stocks, provided

that it furnishes a copy of such formulary to each physician on its

staff and the physician signs a statement authorizing the hospital to

supply the drug under any generic or non-proprietary name listed therein

and in conformity with the regulations of the commissioner of education.

2. For the purposes set forth in this section, the terms prescription,

order or demand shall apply only to those items subject to provisions of

subdivision one of section sixty-eight hundred ten of this chapter. The

written order of a physician for items not subject to provisions of

subdivision one of section sixty-eight hundred ten of this chapter shall

be construed to be a direction, a fiscal order or a voucher.