In New York law, Article 178 refers to criminal diversion of prescription medications and prescriptions. If you have been charged with such an offense, you should contact a criminal defense attorney immediately.
The complete law is as follows:
Article 178: Health care fraud
178.00 Criminal diversion of prescription medications and prescriptions; definitions.
178.05 Criminal diversion of prescription medications and prescriptions; limitation.
178.10 Criminal diversion of prescription medications and prescriptions in the fourth degree.
178.15 Criminal diversion of prescription medications and prescriptions in the third degree.
178.20 Criminal diversion of prescription medications and prescriptions in the second degree.
178.25 Criminal diversion of prescription medications and prescriptions in the first degree.
NY PENAL LAW § 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.
NY PENAL LAW § 178.05
Criminal diversion of prescription medications and prescriptions; limitation.
1. The provisions of this article shall not apply to:
(a) a duly licensed physician or other person authorized to issue a prescription acting in good faith in the lawful course of his or her profession; or
(b) a duly licensed pharmacist acting in good faith in the lawful course of the practice of pharmacy; or
(c) a person acting in good faith seeking treatment for a medical condition or assisting another person to obtain treatment for a medical condition.
2. No provision of this article relating to the sale of a prescription medication or device shall be deemed to authorize any act prohibited by article thirty-three of the public health law or article two hundred twenty of this chapter.
NY PENAL LAW § 178.10
Criminal diversion of prescription medications and prescriptions in the fourth degree.
A person is guilty of criminal diversion of prescription medications and prescriptions in the fourth degree when he or she commits a criminal diversion act.
Criminal diversion of prescription medications and prescriptions in the fourth degree is a class A misdemeanor.
NY PENAL LAW § 178.15
Criminal diversion of prescription medications and prescriptions in the third degree.
A person is guilty of criminal diversion of prescription medications and prescriptions in the third degree when he or she:
1. commits a criminal diversion act, and the value of the benefit exchanged is in excess of one thousand dollars; or
2. commits the crime of criminal diversion of prescription medications and prescriptions in the fourth degree, and has previously been convicted of the crime of criminal diversion of prescription medications and prescriptions in the fourth degree.
Criminal diversion of prescription medications and prescriptions in the third degree is a class E felony.
NY PENAL LAW § 178.20
Criminal diversion of prescription medications and prescriptions in the second degree.
A person is guilty of criminal diversion of prescription medications and prescriptions in the second degree when he or she commits a criminal diversion act, and the value of the benefit exchanged is in excess of three thousand dollars.
Criminal diversion of prescription medications and prescriptions in the second degree is a class D felony.
NY PENAL LAW § 178.25
Criminal diversion of prescription medications and prescriptions in the first degree.
A person is guilty of criminal diversion of prescription medications and prescriptions in the first degree when he or she commits a criminal diversion act, and the value of the benefit exchanged is in excess of fifty thousand dollars.
Criminal diversion of prescription medications and prescriptions in the first degree is a class C felony.
