3397 - Fraud and deceit.

§ 3397. Fraud and deceit.  1. No person shall:    (a) obtain or attempt to obtain a controlled substance, a prescription  for  a  controlled  substance or an official New York State prescription  form,    (i) by fraud, deceit, misrepresentation or subterfuge; or    (ii) by the concealment of a material fact; or    (iii) by the use of a false name or the giving of a false address;    (b) wilfully make  a  false  statement  in  any  prescription,  order,  application, report or record required by this article;    (c) falsely assume the title of, or represent himself to be a licensed  manufacturer,    distributor,    pharmacy,   pharmacist,   practitioner,  researcher,  approved  institutional  dispenser,  or  other   authorized  person, for the purpose of obtaining a controlled substance;    (d)  make or utter any false or forged prescription or false or forged  written order;    (e) affix any false  or  forged  label  to  a  package  or  receptacle  containing controlled substances; or    (f)  imprint on or affix to any controlled substance a false or forged  code number or symbol.    2. Possession of a false  or  forged  prescription  for  a  controlled  substance  by any person other than a pharmacist in the lawful pursuance  of his profession shall be presumptive evidence of his intent to use the  same for the purpose of illegally obtaining a controlled substance.    3. Possession of a blank official New York state prescription form  by  any  person  to  whom  it  was  not lawfully issued shall be presumptive  evidence of such  person's  intent  to  use  same  for  the  purpose  of  illegally obtaining a controlled substance.    4.  Any  person  who,  in  the course of treatment, is supplied with a  controlled substance or a prescription therefor by one practitioner  and  who, without disclosing the fact, is supplied during such treatment with  a   controlled   substance   or   a  prescription  therefor  by  another  practitioner shall be guilty of a violation of this article.