N.Y. Education Law Section 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Any person whose license has been revoked to refuse to deliver the license;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;

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 § 6817 (New drugs)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 § 6810 (Prescriptions)section sixty-eight hundred ten of this article;

20.

Any person to violate any of the provisions of § 6816 (Omitting to label drugs, or labeling them wrongly)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 § 6826 (Drug retail price lists)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 § 6826 (Drug retail price lists)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.

Source: Section 6811 — Misdemeanors, https://www.­nysenate.­gov/legislation/laws/EDN/6811 (updated Jan. 25, 2019; accessed Apr. 27, 2024).

6800
Introduction 6801
Definition of practice of pharmacy 6801‑A
Collaborative drug therapy management demonstration program 6802
Definitions 6803
Practice of pharmacy and use of title “pharmacist” 6804
State board of pharmacy 6805
Requirements for a professional license 6806
Limited permits 6807
Exempt persons 6808
Registering and operating establishments 6808‑A
Identification of Pharmacists 6808‑B
Registration of nonresident establishments 6810
Prescriptions 6811
Misdemeanors 6811‑A
Certain drugs to be clearly marked or labeled 6811‑B
Door-to-door distribution of drugs prohibited 6811‑C
Patient notification of recalled drugs 6812
Special provisions 6813
Seizure: 1 6814
Records of shipment 6815
Adulterating, misbranding and substituting 6816
Omitting to label drugs, or labeling them wrongly 6816‑A
When substitution is required 6817
New drugs 6818
Adulterated and misbranded cosmetics 6818‑A
Cosmetic samples 6819
Regulations making exceptions 6820
Certification of coal-tar colors for drugs and cosmetics 6821
Poison schedules 6822
Examinations and investigations 6823
Factory inspection 6824
Injunction proceedings 6825
Proof required in prosecution for certain violations 6826
Drug retail price lists 6826‑A
Reducing certain copayments 6827
Mandatory continuing education 6828
Certificates of administration 6829
Interpretation and translation requirements for prescription drugs and standardized medication labeling 6830
Standardized patient-centered data elements 6831
Special provisions relating to outsourcing facilities 6832
Limitations on assistance of an unlicensed person
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Jan. 25, 2019

§ 6811’s source at nysenate​.gov

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