{"jurisdiction": "us-ny", "code": "penal", "section": "178.05", "citation": "Penal Law § 178.05", "heading": "Criminal diversion of prescription medications and prescriptions; limitation", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/178.05", "from_official_api": true, "plain_english": "This section limits who the prescription-diversion article covers.\n- **(1)** The article **does not apply** to:\n  - **(a)** a licensed physician or other person authorized to issue a prescription, acting **in good faith in the lawful course of the profession**;\n  - **(b)** a licensed pharmacist acting **in good faith in the lawful course of pharmacy practice**; or\n  - **(c)** a person acting **in good faith** to **seek treatment for a medical condition** or **help another person obtain treatment**. ★\n- **(2)** Nothing in the article about selling a prescription medication or device **authorizes any act prohibited by Public Health Law article 33 or Penal Law article 220**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/178.05", "publisher": "Elyphived LLC"}