senate Bill S7724

2009-2010 Legislative Session

Relates to hypodermic syringes

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 23, 2010 referred to health
Jun 22, 2010 delivered to assembly
passed senate
Jun 10, 2010 advanced to third reading
Jun 09, 2010 2nd report cal.
Jun 08, 2010 1st report cal.868
May 05, 2010 referred to health

Votes

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Co-Sponsors

S7724 - Bill Details

See Assembly Version of this Bill:
A10880
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §3381, Pub Health L

S7724 - Bill Texts

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Relates to hypodermic syringes.

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BILL NUMBER: S7724

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
immediately.

EXISTING LAW :

PHL § 3381 authorizes pharmacies, health care facilities licensed
under PHL Article 28, and health care practitioners otherwise
authorized to prescribe syringes within their scope of practice to
sell or provide syringes without a prescription to persons who are 18
years of age or older and in quantities of 10 or less per transaction.
A "safety insert" must be provided each time a syringe is sold or
dispensed, and pharmacies that sell syringes may not advertise them to
the public.

LEGISLATIVE HISTORY :

This is a new bill.

STATEMENT IN SUPPORT :

More than 3,000 pharmacies, health care facilities and practitioners
have registered with the Department of Health (DOH) to sell or furnish
syringes to those age 18 and over without a prescription under the
ESAP. This program makes syringes available without a prescription and
promotes the safe disposal of used syringes. Research has shown this
program effectively reduces transmission of blood-borne pathogens as a
result of needle sharing and reuse and may increase safe disposal of
used syringes. ESAP providers sell two to three million
nonprescription syringes a year and the need for unrestricted access
to syringes remains high. Only two states, Delaware and New Jersey, do
not allow the sale of syringes without a prescription.

In a 2003 report, the New York Academy of Medicine (NYAM) stated that
ESAP "has great potential to prevent transmission of blood-borne
diseases without any detrimental effect on syringe disposal, drug use
or crime." NYAM's recommendation included: (1) enacting legislation to
allow the program to continue permanently (which occurred as part of
the 2009-10 enacted budget); (2) lifting the restriction on pharmacy
advertising; (3) continuing education and outreach; (4) continuing
safe syringe disposal education; and (5) expanding disposal options.
At the time of the program's extension through 2007, NYAM again noted
the importance of syringe access, indicating that expanded syringe
access "is critically important to stemming the spread of infectious
disease." Numerous studies published in peer-reviewed journals have
attested to the value of ESAP in reducing syringe sharing and re-use
and preventing disease transmission.

This bill would eliminate two restrictions on the sale of syringes to
further the objectives of ESAP. First, the bill would remove the
restriction on the number of syringes that may be sold or furnished,
leaving the matter to the discretion of the individual ESAP provider.
The current limit of 10 syringes per transaction was first implemented
when ESAP was a demonstration project. Removing the limitation would
better serve individuals who use this program by ensuring that they
have enough clean syringes to prevent reusing or sharing syringes. For
individuals in rural regions of the State, removing this restriction
will facilitate access, particularly when it may be difficult or
time-consuming to get to a pharmacy to purchase or dispose of used
syringes.

Second, the bill would permit pharmacies to advertise the availability
of syringes to the public. Of the 3,300 pharmacies, health care
facilities and practitioners that have registered with DOH as part of
ESAP, more than 97 percent are pharmacies. The public health function
that they serve is compromised if potential customers are unaware of
which pharmacies are registered ESAP providers. Appropriate pharmacy
advertising can supplement the efforts of DOH to promote ESAP and
provide consumers with access to information that they need to make
informed choices.

BUDGET IMPLICATIONS :

This bill is not anticipated to have a fiscal impact to the State or
any locality.

EFFECTIVE DATE :
This bill would take effect immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7724

                            I N  S E N A T E

                               May 5, 2010
                               ___________

Introduced  by Sen. DUANE -- (at request of the Department of Health) --
  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,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16128-02-0

S. 7724                             2

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 safe disposal of used hypoderm-
ic 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.

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