NY Educ L § 6816 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 137 - Pharmacy 6816 - Omitting to Label Drugs, or Labeling Them Wrongly.

§ 6816. Omitting  to label drugs, or labeling them wrongly.  1. a. Any   person, who, in putting up any drug, medicine, or  food  or  preparation   used  in medical practice, or making up any prescription, or filling any   order for drugs, medicines, food or preparation puts any  untrue  label,   stamp  or  other  designation  of contents upon any box, bottle or other   package containing a drug, medicine, food or preparation used in medical   practice, or substitutes or dispenses a different article for or in lieu   of any article prescribed, ordered, or demanded, except  where  required   pursuant  to  section  sixty-eight hundred sixteen-a of this article, or   puts up a greater or lesser quantity of any ingredient specified in  any   such  prescription,  order  or  demand  than that prescribed, ordered or   demanded, except where required pursuant to paragraph (g) of subdivision   two of section three hundred sixty-five-a of the social services law, or   otherwise deviates from the terms of the prescription, order  or  demand   by  substituting one drug for another, except where required pursuant to   section sixty-eight hundred sixteen-a of this article, is  guilty  of  a   misdemeanor;  provided,  however, that except in the case of physicians'   prescriptions, nothing herein contained shall be deemed or construed  to   prevent  or  impair  or in any manner affect the right of an apothecary,   druggist, pharmacist or other person to recommend  the  purchase  of  an   article  other than that ordered, required or demanded, but of a similar   nature, or to sell such other article in place or in lieu of an  article   ordered,  required  or  demanded,  with the knowledge and consent of the   purchaser. Upon a second conviction for a violation of this section  the   offender  must  be  sentenced to the payment of a fine not to exceed one   thousand dollars and may be sentenced to imprisonment for a term not  to   exceed  one  year.  The  third  conviction  of a violation of any of the   provisions of this section, in addition to rendering the offender liable   to the penalty prescribed by law for a second conviction, shall  forfeit   any  right  which he may possess under the law of this state at the time   of  such  conviction,  to  engage  as  proprietor,  agent,  employee  or   otherwise, in the business of an apothecary, pharmacist, or druggist, or   to  compound,  prepare  or  dispense  prescriptions or orders for drugs,   medicines or foods or preparations used in  medical  practice;  and  the   offender  shall  be  by  reason  of  such  conviction  disqualified from   engaging  in  any  such  business  as  proprietor,  agent,  employee  or   otherwise  or compounding, preparing or dispensing medical prescriptions   or orders for drugs, medicines, or foods or preparations used in medical   practice.b. The provisions of this section shall not apply to the practice of a   practitioner who is not the proprietor of a store for the dispensing  or   retailing  of  drugs, medicines and poisons, or who is not in the employ   of such a proprietor, and shall not prevent practitioners from supplying   their patients with such articles as they may deem proper, and except as   to the labeling of poisons shall not apply to the sale of  medicines  or   poisons  at  wholesale  when  not  for  the  use  or  consumption by the   purchaser; provided, however, that the sale of medicines or  poisons  at   wholesale  shall continue to be subject to such regulations as from time   to time may be lawfully  made  by  the  board  of  pharmacy  or  by  any   competent board of health.c.  The  provisions  of  this  section  shall  not  apply to a limited   pharmacy which prepares a formulary containing the brand names  and  the   generic  names  of  drugs and of manufacturers which it stocks, provided   that it furnishes a copy of such formulary  to  each  physician  on  its   staff  and  the  physician signs a statement authorizing the hospital to   supply the drug under any generic or non-proprietary name listed therein   and in conformity with the regulations of the commissioner of education. 2. For the purposes set forth in this section, the terms prescription,   order or demand shall apply only to those items subject to provisions of   subdivision one of section sixty-eight hundred ten of this chapter.  The   written  order  of  a  physician  for items not subject to provisions of   subdivision one of section sixty-eight hundred ten of this chapter shall   be construed to be a direction, a fiscal order or a voucher.