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Securities
and Exchange Commission
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Washington,
D.C. 20549
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R
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QUARTERLY REPORT PURSUANT TO
SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF
1934
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For
the quarterly period ended September 30, 2009
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OR
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£
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TRANSITION REPORT PURSUANT TO
SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF
1934
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For the transition period from
________ to _______
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Delaware
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05-0489664
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(State
or Other Jurisdiction
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(I.R.S.
Employer Identification No.)
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of
Incorporation or Organization)
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100
Clearbrook Road, Elmsford, NY
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10523
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(Address
of Principal Executive Offices)
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(Zip
Code)
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Large
accelerated filer: £
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Accelerated
filer: R
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Non-accelerated
filer: £
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Smaller
reporting company: £
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(Do
not check if a smaller reporting
company)
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Exhibit
3.1
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Second
Amended and Restated Certificate of Incorporation of BioScrip, Inc.
(Incorporated by reference to Exhibit 3.2 to the Company’s Registration
Statement on Form S-4 (File No. 333-119098), as amended, which became
effective on January 26, 2005)
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Exhibit
3.2
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Amended
and Restated By-Laws of BioScrip, Inc. (Incorporated by reference to
Exhibit 3.1 to the Company’s Current Report on Form 8-K filed with the SEC
on July 30, 2009, accession No. 0001014739-09-000029)
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Prime
Vendor Agreement dated as of July 1, 2009 between AmerisourceBergen Drug
Corporation and the Company*
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Certification
of Richard H. Friedman pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
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Certification
of Stanley G. Rosenbaum pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
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Exhibit
32.1
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Certification
of Richard H. Friedman pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002†
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Exhibit
32.2
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Certification
of Stanley G. Rosenbaum pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002†
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Date:
December 2, 2009
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/s/ Stanley G. Rosenbaum
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Stanley
G. Rosenbaum, Chief Financial Officer,
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Treasurer
and Principal Accounting Officer
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