S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    868
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, L. ROSENTHAL, DE LA ROSA, WALKER,
   WEPRIN, DINOWITZ, BRONSON,  ABINANTI,  JOYNER,  STECK,  SIMON,  GLICK,
   AUBRY,  FERNANDEZ, CRUZ, EPSTEIN, REYES -- Multi-Sponsored by -- M. of
   A. BRAUNSTEIN, CARROLL, COOK, HEVESI, HYNDMAN, KIM,  NIOU,  RICHARDSON
   -- read once and referred to the Committee on Codes
 
 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.
                                                            LBD00186-01-1

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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.
   § 2. Section 220.45 of the penal law is REPEALED.
   §  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.
   §  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, paragraphs (e), (f) and (g)
 of subdivision 5 as amended by section 2 of part D of chapter 71 of  the
 laws of 2016, is amended to read as follows:
   §  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-

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 ic needles or syringes; and (iii)] shall be in accordance with  subdivi-
 sion [five] FOUR of this section[.] ; OR
    (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-

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 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) A pharmacy registered under article one  hundred  thirty-seven  of
 the  education law may offer counseling and referral services to custom-
 ers purchasing  hypodermic  syringes  for  the  purpose  of:  preventing
 injection  drug  abuse;  the provision of drug treatment; preventing and
 treating hepatitis C; preventing drug overdose; testing  for  the  human
 immunodeficiency  virus; and providing pre-exposure prophylaxis and non-
 occupational post-exposure prophylaxis. The content of  such  counseling
 and referral shall be at the professional discretion of the pharmacist.
   (f)  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.
   (g)  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.
   § 5. This act shall take effect immediately.