§ 6816 — Omitting to label drugs, or labeling them wrongly

§ 6816. Omitting to label drugs, or labeling them wrongly. 1. a. Any\nperson, who, in putting up any drug, medicine, or food or preparation\nused in medical practice, or making up any prescription, or filling any\norder for drugs, medicines, food or preparation puts any untrue label,\nstamp or other designation of contents upon any box, bottle or other\npackage containing a drug, medicine, food or preparation used in medical\npractice, or substitutes or dispenses a different article for or in lieu\nof any article prescribed, ordered, or demanded, except where required\npursuant to section sixty-eight hundred sixteen-a of this article, or\nputs up a greater or lesser quantity of any ingredient specified in any\nsuch prescription, order or demand than that prescribed, ordered or\ndemanded, except where required pursuant to paragraph (g) of subdivision\ntwo of section three hundred sixty-five-a of the social services law, or\notherwise deviates from the terms of the prescription, order or demand\nby substituting one drug for another, except where required pursuant to\nsection sixty-eight hundred sixteen-a of this article, is guilty of a\nmisdemeanor; provided, however, that except in the case of physicians'\nprescriptions, nothing herein contained shall be deemed or construed to\nprevent or impair or in any manner affect the right of an apothecary,\ndruggist, pharmacist or other person to recommend the purchase of an\narticle other than that ordered, required or demanded, but of a similar\nnature, or to sell such other article in place or in lieu of an article\nordered, required or demanded, with the knowledge and consent of the\npurchaser. Upon a second conviction for a violation of this section the\noffender must be sentenced to the payment of a fine not to exceed one\nthousand dollars and may be sentenced to imprisonment for a term not to\nexceed one year. The third conviction of a violation of any of the\nprovisions of this section, in addition to rendering the offender liable\nto the penalty prescribed by law for a second conviction, shall forfeit\nany right which he may possess under the law of this state at the time\nof such conviction, to engage as proprietor, agent, employee or\notherwise, in the business of an apothecary, pharmacist, or druggist, or\nto compound, prepare or dispense prescriptions or orders for drugs,\nmedicines or foods or preparations used in medical practice; and the\noffender shall be by reason of such conviction disqualified from\nengaging in any such business as proprietor, agent, employee or\notherwise or compounding, preparing or dispensing medical prescriptions\nor orders for drugs, medicines, or foods or preparations used in medical\npractice.\n b. The provisions of this section shall not apply to the practice of a\npractitioner who is not the proprietor of a store for the dispensing or\nretailing of drugs, medicines and poisons, or who is not in the employ\nof such a proprietor, and shall not prevent practitioners from supplying\ntheir patients with such articles as they may deem proper, and except as\nto the labeling of poisons shall not apply to the sale of medicines or\npoisons at wholesale when not for the use or consumption by the\npurchaser; provided, however, that the sale of medicines or poisons at\nwholesale shall continue to be subject to such regulations as from time\nto time may be lawfully made by the board of pharmacy or by any\ncompetent board of health.\n c. The provisions of this section shall not apply to a limited\npharmacy which prepares a formulary containing the brand names and the\ngeneric names of drugs and of manufacturers which it stocks, provided\nthat it furnishes a copy of such formulary to each physician on its\nstaff and the physician signs a statement authorizing the hospital to\nsupply the drug under any generic or non-proprietary name listed therein\nand in conformity with the regulations of the commissioner of education.\n 2. For the purposes set forth in this section, the terms prescription,\norder or demand shall apply only to those items subject to provisions of\nsubdivision one of section sixty-eight hundred ten of this chapter. The\nwritten order of a physician for items not subject to provisions of\nsubdivision one of section sixty-eight hundred ten of this chapter shall\nbe construed to be a direction, a fiscal order or a voucher.\n