New York Consolidated Laws, Education Law - EDN § 6811. Misdemeanors

It shall be a class A misdemeanor for:

1. Any person knowingly or intentionally to prevent or refuse to permit any board member or department representative to enter a pharmacy or any other establishment for the purpose of lawful inspection;

2. Any person whose license has been revoked to refuse to deliver the license;

3. Any pharmacist to display his license or permit it to be displayed in a pharmacy of which he is not the owner or in which he is not employed, or any owner to fail to display in his pharmacy the license of the pharmacist employed in said pharmacy;

4. Any holder of a license to fail to display the license;

5. Any owner of a pharmacy to display or permit to be displayed in his pharmacy the license of any pharmacist not employed in said pharmacy;

6. Any person to carry on, conduct or transact business under a name which contains as a part thereof the words “drugs”, “medicines”, “drug store”, “apothecary”, or “pharmacy”, or similar terms or combination of terms, or in any manner by advertisement, circular, poster, sign or otherwise describe or refer to the place of business conducted by such person, or describe the type of service or class of products sold by such person, by the terms “drugs”, “medicine”, “drug store”, “apothecary”, or “pharmacy”, unless the place of business so conducted is a pharmacy licensed by the department;

7. Any person to enter into an agreement with a physician, dentist, podiatrist or veterinarian for the compounding or dispensing of secret formula (coded) prescriptions;

8. Any person to sell or distribute any instrument or article, or any recipe, drug or medicine for the prevention of conception to a minor under the age of sixteen years;  the sale or distribution of such to a person other than a minor under the age of sixteen years is authorized only by a licensed pharmacist but the advertisement or display of said articles, within or without the premises of such pharmacy is hereby prohibited;

9. Any person to manufacture, sell, deliver for sale, hold for sale or offer for sale of any drug, device or cosmetic that is adulterated or misbranded;

10. Any person to adulterate or misbrand any drug, device or cosmetic;

11. Any person to receive in commerce any drug, device or cosmetic that is adulterated or misbranded, and to deliver or proffer delivery thereof for pay or otherwise;

12. Any person to sell, deliver for sale, hold for sale, or offer for sale any drug, device or cosmetic in violation of this article;

13. Any person to disseminate any false advertisement;

14. Any person to refuse to permit entry or inspection as authorized by this article;

15. Any person to forge, counterfeit, simulate, or falsely represent, or without proper authority using any mark, stamp, tag, label or other identification device authorized or required by rules and regulations promulgated under the provisions of this article;

16. Any person to use for his own advantage, or reveal, other than to the commissioner or his duly authorized representative, or to the courts when relevant in any judicial proceedings under this article, any information acquired under authority of this article or concerning any method or process, which is a trade secret;

17. Any person to alter, mutilate, destroy, obliterate or remove the whole or any part of the labeling of, or the doing of any other act with respect to a drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded;

18. Any person to use on the labeling of any drug or in any advertising relating to such drug any representation or suggestion that an application with respect to such drug is effective under section sixty-eight hundred seventeen of this chapter or that such is in compliance with the provisions of such section;

19. Any person to violate any of the provisions of section sixty-eight hundred ten of this article;

20. Any person to violate any of the provisions of section sixty-eight hundred sixteen of this article;

21. Any person, to sell at retail or give away in tablet form bichloride of mercury, mercuric chloride or corrosive sublimate, unless such bichloride of mercury, mercuric chloride or corrosive sublimate, when so sold, or given away, shall conform to the provisions of national formulary XII.  Nothing contained in this paragraph shall be construed to prohibit the sale and dispensing of bichloride of mercury in any form, shape, or color, when combined or compounded with one or more other drugs or excipients, for the purposes of internal medication only, or when sold in bulk in powder form, or to any preparation containing one-tenth of a grain or less of bichloride of mercury;

22. Any pharmacy to fail to properly post the list required by section sixty-eight hundred twenty-six of this article;

23. Any pharmacy to change its current selling price without changing the listed price as provided by section sixty-eight hundred twenty-six of this article;

24. Any person to refuse to permit access to or copying of any record as required by this article;  or

25. Any manufacturer to sell or offer for sale any drug not manufactured, prepared or compounded under the personal supervision of a chemist or licensed pharmacist or not labeled with the full name of the manufacturer or seller.

26. Any outsourcing facility to sell or offer to sell any drug that is not both compounded under the personal supervision of a licensed pharmacist and labeled with the full name of the outsourcing facility.


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