§ 1399-tt. Regulations. The commissioner shall make regulations, under
this article, governing the use of sharps in health care for the purpose
of: preventing sharps injuries, reducing exposure incidents, and
promoting the use of safer technologies which include engineered sharps
injury protections. Dentists licensed in this state, under title eight
of the education law, shall be exempt from the regulations under this
article. Regulations under this article shall prohibit the use of sharps
that do not incorporate engineered sharps injury protections. The
regulations may provide exceptions permitting the use of sharps without
engineered sharps injury protections under circumstances where:

(a) appropriate engineered sharps are not available in the market;

(b) the use of sharps without engineered sharps injury protections is
essential to the performance of a specific medical procedure; or

(c) based on objective product evaluation, sharps with engineered
injury protections are not more effective in preventing exposure
incidents than sharps without engineered injury protections.