Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 27, 2010 |
advanced to third reading cal.967 |
May 25, 2010 |
reported |
Apr 28, 2010 |
referred to health |
Assembly Bill A10880
2009-2010 Legislative Session
Sponsored By
GOTTFRIED
Archive: Last Bill Status - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Amy Paulin
Michael G. Miller
2009-A10880 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7724
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §3381, Pub Health L
2009-A10880 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10880 TITLE OF BILL: An act to amend the public health law, in relation to hypodermic syringes Purpose: This bill would further the public health objectives of the Expanded Syringe Access Program (ESAP) by repealing provisions that limit the quantity of syringes that may be sold or furnished during one transaction to ten or fewer and prohibit pharmacies from advertising the availability of these syringes to the public. Summary of Provisions: Section 1 of the bill would amend Public Health Law (PHL) § 3381(1) to permit pharmacies, health care facilities licensed under PHL Article 28 and health care practitioners that are authorized to sell or otherwise furnish hypodermic syringes to persons without a prescription to provide more than ten syringes in a single transaction. Section 1 of the bill would also repeal PHL § 3381(5)(d)(i), which currently prohibits pharmacies from advertising the retail availability of syringes without a prescription. Section 2 of the bill provides that the bill would take effect imme- diately. Existing Law: PHL § 3381 authorizes pharmacies, health care facilities
2009-A10880 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10880 I N A S S E M B L Y April 28, 2010 ___________ Introduced by M. of A. GOTTFRIED, PAULIN -- (at request of the Depart- ment of Health) -- read once and referred 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, 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 written prescription of a practitioner; 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 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, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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