Section 80.120 - Powers of commissioner


80.120 Powers of commissioner. The commissioner, and any representative authorized by him, shall have the power to administer oaths, compel the attendance of witnesses and the production of books, papers and records and to take proof and testimony concerning all matters within the jurisdiction of the department.

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Section 80.121 - Rules and regulations

80.121 Rules and regulations.

Rules, regulations and determinations, when made and promulgated by the commissioner, shall be the rules and regulations and determinations of the department, and, until modified or rescinded, shall have the force and effect of law.

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Section 80.122 - Enforcement

80.122 Enforcement.

It shall be the duty of the department to enforce all of the provisions of article 33 of the Public Health Law and all of the rules, regulations and determinations made thereunder.

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Section 80.123 - Access to records

80.123 Access to records.

The department and its representatives shall have access at all times to all orders, prescriptions or records required to be kept under article 33 of the Public Health Law and this Part.

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Section 80.125 - Fraud and deceit

80.125 Fraud and deceit.

(a) No person shall:

(1) obtain or attempt to obtain a controlled substance prescription or a controlled substance, or procure or attempt to procure the administration of a controlled substance:

(i) by fraud, deceit, misrepresentation or subterfuge;

(ii) by the use of a forged or altered prescription or written order;

(iii) by the concealment of a material fact; or

(iv) by the use of a false name or the giving of a false address;

(2) willfully make a false statement in any prescription, order, report or record required by this Article;

(3) falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, pharmacy, pharmacist, intern, nurse, physician, dentist, veterinarian or other authorized person, for the purpose of obtaining a controlled substance;

(4) make or utter any false or forged prescription or false or forged written order;

(5) affix any false or forged label to a package or receptacle containing controlled substances; or

(6) willfully transmit an electronic prescription using an application or application provider that the practitioner knows does not comply with federal requirements or is otherwise non-compliant.

(b) Possession of a false or forged controlled substance prescription by any person other than a pharmacist in the pursuance of his profession shall be presumptive evidence of his intent to use the same for the purpose of illegally obtaining a controlled substance.

(c) Any person who, in the course of treatment, is supplied with controlled substances or a prescription therefor by one physician and who, without disclosing the fact, is supplied during such treatment with controlled substances or a prescription therefor by another physician shall be guilty of a violation of this Part.

Effective Date: 
Wednesday, March 27, 2013
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