S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1904

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to hypodermic syring-
  es

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

  Section  1.  Subdivisions 1 and 5 of section 3381 of the public health
law, subdivision 1 as amended by chapter 178 of the  laws  of  2010  and
subdivision  5  as amended by section 9-a of part B of chapter 58 of the
laws of 2007, are amended to read as follows:
  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 of this section.
  5. (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06763-01-5
              

S. 1904                             2

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 practi-
tioner 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
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)] (D) The commissioner  shall  promulgate  rules  and  regulations
necessary  to  implement  the provisions of this subdivision which shall
include a requirement that such pharmacies, health care  facilities  and
health  care  practitioners  cooperate  in [a] THE safe disposal of used
hypodermic needles or syringes.
  [(f)] (E) 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.
  S 2. This act shall take effect immediately.