N.Y. Penal Law § 178.00: Criminal diversion of prescription medications and prescriptions; definitions

§ 178.00 Criminal diversion of prescription medications and

prescriptions; definitions.

The following definitions are applicable to this article:

1. "Prescription medication or device" means any article for which a

prescription is required in order to be lawfully sold, delivered or

distributed by any person authorized by law to engage in the practice of

the profession of pharmacy.

2. "Prescription" means a direction or authorization by means of a

written prescription form or an oral prescription which permits a person

to lawfully obtain a prescription medication or device from any person

authorized to dispense such prescription medication or device.

3. "Criminal diversion act" means an act or acts in which a person

knowingly:

(a) transfers or delivers, in exchange for anything of pecuniary

value, a prescription medication or device with knowledge or reasonable

grounds to know that the recipient has no medical need for it; or

(b) receives, in exchange for anything of pecuniary value, a

prescription medication or device with knowledge or reasonable grounds

to know that the seller or transferor is not authorized by law to sell

or transfer such prescription medication or device; or

(c) transfers or delivers a prescription in exchange for anything of

pecuniary value; or

(d) receives a prescription in exchange for anything of pecuniary

value.