N.Y. Public Health Law § 3396: Violations; penalties

§ 3396. Violations; penalties. 1. In any civil, criminal or

administrative action or proceeding brought for the enforcement of any

provision of this article, it shall not be necessary to negate or

disprove any exception, excuse, proviso or exemption contained in this

article, and the burden of proof of any such exception, excuse, proviso,

or exemption shall be upon the person claiming its benefit.

2. Violation of any provision of this article for which a penalty is

specifically provided herein shall be punishable as provided herein.

Violation of any provision of this article for which no penalty is

provided herein shall be punishable as provided in section twelve-b of

article one of this chapter or in the penal law.

3. No person shall be prosecuted for a violation of any provision of

this article if such person has been acquitted or convicted under the

federal controlled substances act, of the same act or omission which, it

is alleged, constitutes a violation of this article.

4. Upon the conviction of any person for violating any provision of

this article, a copy of the judgment and sentence, and of the opinion of

the court or judge, if any opinion be filed, shall be sent by the clerk

of the court, or by the judge, to the board or officer, if any, by whom

the convicted defendant has been licensed or registered to practice his

profession, or to carry on his business.

5. Upon the imposition of any penalty, warning, reprimand or other

sanction against any person for violating any provision of this article,

a copy of the order, finding or opinion, if any is made or rendered,

shall be sent by the person authorized by law to make such

determination, to the board or officer by whom the respondent is

licensed or registered to practice a profession or to carry on a

business.