S T A T E   O F   N E W   Y O R K
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                                 4099--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 27, 2015
                               ___________

Introduced  by  Sens.  RIVERA,  MONTGOMERY, AVELLA, ESPAILLAT, HAMILTON,
  HASSELL-THOMPSON, HOYLMAN, KRUEGER, PARKER, SERRANO, SQUADRON --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to criminal possession  of  a
  controlled substance in the seventh degree; to amend the general busi-
  ness  law,  in  relation  to  drug-related paraphernalia; to amend the
  public health law, in relation to the sale and possession of hypoderm-
  ic syringes and needles; and to repeal section 220.45 of the penal law
  relating to criminally possessing a hypodermic instrument

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The opening paragraph of section 220.03 of the penal law,
as amended by section 4 of part I of chapter 57 of the laws of 2015,  is
amended to read as follows:
  A person is guilty of criminal possession of a controlled substance in
the  seventh  degree when he or she knowingly and unlawfully possesses a
controlled  substance;  provided,  however,  that  it  shall  not  be  a
violation of this section when a person possesses a residual amount of a
controlled  substance  and that residual amount is in or on a hypodermic
syringe or hypodermic needle [obtained and possessed pursuant to section
thirty-three hundred eighty-one of the public health law, which includes
the state's syringe exchange and  pharmacy  and  medical  provider-based
expanded  syringe  access programs]; nor shall it be a violation of this
section when a person's unlawful possession of a controlled substance is
discovered as a result of seeking immediate health care  as  defined  in
paragraph  (b) of subdivision three of section 220.78 of [the penal law]
THIS ARTICLE, for either another person or him or herself  because  such
person  is experiencing a drug or alcohol overdose or other life threat-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06211-04-6
              

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ening medical emergency as defined in paragraph (a) of subdivision three
of section 220.78 of the [penal law] THIS ARTICLE.
  S 2. Section 220.45 of the penal law is REPEALED.
  S  3.  Subdivision  2  of  section 850 of the general business law, as
amended by chapter 812 of the laws  of  1980,  is  amended  to  read  as
follows:
  2.  (A) "Drug-related paraphernalia" consists of the following objects
used for the following purposes:
  [(a)] (I) Kits, used or designed for the purpose of  planting,  propa-
gating, cultivating, growing or harvesting of any species of plant which
is  a  controlled  substance or from which a controlled substance can be
derived;
  [(b)] (II) Kits, used or designed for the  purpose  of  manufacturing,
compounding, converting, producing, or preparing controlled substances;
  [(c)] (III) Isomerization devices, used or designed for the purpose of
increasing  the  potency  of  any species of plant which is a controlled
substance;
  [(d)] (IV) Scales and balances, used or designed for  the  purpose  of
weighing or measuring controlled substances;
  [(e)]  (V)  Diluents  and  adulterants,  including  but not limited to
quinine hydrochloride, mannitol, mannite, dextrose and lactose, used  or
designed for the purpose of cutting controlled substances;
  [(f)] (VI) Separation gins, used or designed for the purpose of remov-
ing twigs and seeds in order to clean or refine marihuana;
  [(g)  Hypodermic syringes, needles and other objects, used or designed
for the purpose of parenterally injecting controlled substances into the
human body;
  (h)] AND
  (VII) Objects, used or designed for the purpose of  ingesting,  inhal-
ing,  or  otherwise  introducing marihuana, cocaine, hashish, or hashish
oil into the human body.
  (B) "DRUG-RELATED PARAPHERNALIA" SHALL NOT INCLUDE HYPODERMIC NEEDLES,
HYPODERMIC SYRINGES AND OTHER OBJECTS USED FOR THE PURPOSE OF  PARENTER-
ALLY INJECTING CONTROLLED SUBSTANCES INTO THE HUMAN BODY.
  S  4. Section 3381 of the public health law, as amended by section 9-a
of part B of chapter 58 of the laws of 2007, subdivisions 1, 2 and 3  as
amended  by  chapter  178  of  the  laws  of 2010, is amended to read as
follows:
  S 3381. Sale and possession  of  hypodermic  syringes  and  hypodermic
needles.  1.  It  shall be unlawful for any person to sell or furnish to
another person or persons, a hypodermic  syringe  or  hypodermic  needle
except:
  (a)  pursuant  to  a  prescription  of  a  practitioner, which for the
purposes of this section shall include a patient  specific  prescription
form as provided for in the education law; or
  (b)  to persons who have been authorized by the commissioner to obtain
and possess such instruments; or
  (c) by a pharmacy licensed under article one hundred  thirty-seven  of
the  education  law, health care facility licensed under article twenty-
eight of this chapter or a health care  practitioner  who  is  otherwise
authorized to prescribe the use of hypodermic needles or syringes within
his  or  her  scope  of  practice;  provided, however, that such sale or
furnishing: (i) shall only be to a  person  eighteen  years  of  age  or
older; AND (ii) [shall be limited to a quantity of ten or less hypoderm-
ic  needles or syringes; and (iii)] shall be in accordance with subdivi-
sion [five] FOUR of this section[.] ; OR

S. 4099--A                          3

   (D) UNDER SUBDIVISION THREE OF THIS SECTION.
  2.  [It  shall be unlawful for any person to obtain or possess a hypo-
dermic syringe or hypodermic needle  unless  such  possession  has  been
authorized  by  the commissioner or is pursuant to a prescription, or is
pursuant to subdivision five of this section.
  3.] Any person selling or furnishing a hypodermic syringe or hypoderm-
ic needle pursuant to a prescription shall record upon the prescription,
his or her signature or electronic signature, and the date of  the  sale
or  furnishing  of  the  hypodermic  syringe  or hypodermic needle. Such
prescription shall be retained on file for a period of five years and be
readily accessible for inspection by  any  public  officer  or  employee
engaged  in  the  enforcement  of this section. Such prescription may be
refilled not more than the number of times  specifically  authorized  by
the  prescriber upon the prescription, provided however no such authori-
zation shall be effective for a period greater than two years  from  the
date the prescription is signed.
  [4]  3.  The commissioner shall, subject to subdivision [five] FOUR of
this section, designate persons, or by regulation,  classes  of  persons
who  may  obtain  hypodermic  syringes  and  hypodermic  needles without
prescription and the manner in which such transactions  may  take  place
and the records thereof which shall be maintained.
  [5]  4.    (a)  A person eighteen years of age or older may obtain and
possess a hypodermic syringe or hypodermic needle pursuant to  paragraph
(c) of subdivision one of this section.
  (b)  Subject  to  regulations of the commissioner, a pharmacy licensed
under article one hundred thirty-seven of the education  law,  a  health
care  facility  licensed under article twenty-eight of this chapter or a
health care practitioner who is otherwise authorized  to  prescribe  the
use  of  hypodermic needles or syringes within his or her scope of prac-
tice, may obtain and possess hypodermic  needles  or  syringes  for  the
purpose  of  selling  or  furnishing  them  pursuant to paragraph (c) of
subdivision one of this section or  for  the  purpose  of  disposing  of
them[,  provided that such pharmacy, health care facility or health care
practitioner has registered with the department].
  (c) Sale or furnishing of hypodermic syringes or hypodermic needles to
direct consumers pursuant to this subdivision by a pharmacy, health care
facility, or health care practitioner shall be accompanied by  a  safety
insert. Such safety insert shall be developed or approved by the commis-
sioner  and shall include, but not be limited to, (i) information on the
proper use of hypodermic syringes and hypodermic needles; (ii) the  risk
of  blood  borne  diseases  that  may  result from the use of hypodermic
syringes and hypodermic needles; (iii) methods for preventing the trans-
mission or contraction of blood borne diseases; (iv)  proper  hypodermic
syringe and hypodermic needle disposal practices; (v) information on the
dangers  of injection drug use, and how to access drug treatment; (vi) a
toll-free phone number for information  on  the  human  immunodeficiency
virus; and (vii) information on the safe disposal of hypodermic syringes
and hypodermic needles including the relevant provisions of the environ-
mental  conservation  law  relating to the unlawful release of regulated
medical waste. The safety insert shall be attached to or included in the
hypodermic syringe and hypodermic needle packaging, or shall be given to
the purchaser at the point of sale or furnishing in brochure form.
  (d) In addition to the requirements of paragraph  (c)  of  subdivision
one of this section, a pharmacy licensed under article one hundred thir-
ty-seven  of the education law may sell or furnish hypodermic needles or
syringes only if such pharmacy[: (i) does not advertise  to  the  public

S. 4099--A                          4

the  availability for retail sale or furnishing of hypodermic needles or
syringes without a prescription; and (ii) at any  location  where  hypo-
dermic  needles  or  syringes  are  kept for retail sale or furnishing,]
stores  such  needles and syringes in a manner that makes them available
only to authorized personnel and not openly available to customers.
  (e) The commissioner shall promulgate rules and regulations  necessary
to implement the provisions of this subdivision which shall include: (I)
STANDARDS FOR ADVERTISING TO THE PUBLIC THE AVAILABILITY FOR RETAIL SALE
OR  FURNISHING OF HYPODERMIC SYRINGES OR NEEDLES; AND (II) a requirement
that such pharmacies, health care facilities and health care practition-
ers cooperate in a safe disposal of used hypodermic needles or syringes.
  (f) The commissioner may, upon the finding  of  a  violation  of  this
section, suspend for a determinate period of time the sale or furnishing
of syringes by a specific entity.
  [6]  5.    The  provisions  of this section shall not apply to farmers
engaged in livestock production or to those  persons  supplying  farmers
engaged in livestock production, provided that:
  (a)  Hypodermic  syringes  and  needles  shall  be stored in a secure,
locked storage container.
  (b) At any time the department may request a document outlining:
  (i) the number of hypodermic needles and syringes purchased  over  the
past calendar year;
  (ii)  a  record  of all hypodermic needles used over the past calendar
year; and
  (iii) a record of all hypodermic needles and syringes  destroyed  over
the past calendar year.
  (c)  Hypodermic  needles  and  syringes shall be destroyed in a manner
consistent with the provisions set forth in section thirty-three hundred
eighty-one-a of this article.
  S 5. This act shall take effect immediately.