BILL NUMBER:  S5004

 TITLE OF BILL :
An act to amend the public health law, in relation to the sale and
possession of hypodermic syringes and hypodermic needles


 PURPOSE :
To remove prefilled syringes as controlled substances under the public
health law.

 SUMMARY OF PROVISIONS :
Section 1: Amends section 3381 of the public health law to exclude
prefilled syringes from the controlled substances list.

Section 2: Effective date.

 JUSTIFICATION :

Currently under New York State law (PHL 3381), medications (that are
non-controlled substances) dispensed in pre-filled syringes or syringe
devices and the needles required for their administration are
considered controlled substances.

These medications are used for chronic diseases such as diabetes, HIV,
Rheumatoid arthritis, Multiple Sclerosis, and Crohn's disease. One of
              

these medications (adrenalin, epinephrine) is used in emergency
situations as a rescue drug to treat a severe anaphylactic allergic
reaction that can be life threatening.

Due to their 'controlled' designation under NYS law, these very
important medications come with restrictions that are roadblocks to
effective patient care (1) These medications cannot be orally
prescribed unless the physician provides the pharmacy with a written
hard-copy follow-up prescription within 72 hours. (2) Prescription
refills cannot be transferred from one pharmacy to another. (3) They
cannot be electronically prescribed. (4) In long term care settings,
they cannot be ordered on 'medication orders,' rather they require a
separate written prescription.

The following scenarios illustrate how current statutes work against
patient care. An individual who travels instate or out of NY on
vacation and who runs out of insulin or syringes & needles, their
multiple sclerosis medication or their emergency epinephrine pen
cannot have their prescription or prescription refill transferred out
of their NY pharmacy. Going without medication clearly harms the
patient. Also, a majority of these medications require refrigeration,
making it almost impossible for patients to carry the medications
while traveling in a car or airplane. A reasonable person will want to
access their medication from a pharmacy at their destination.  Current
NY law puts patients in untenable situations that clearly work against
effective self-care.

More than forty medications dispensed in pre-filled syringes/devices
are on the market today, representing newer, more effective products
and technologies to treat very serious diseases. The number will
continue to increase. These medication delivery systems are safe and
effective in improving quality of life by increasing patient
compliance. Pre-filled syringe devices are life-saving convenience for
patients with vision problems or with arthritic conditions. These
patients cannot see well enough or if arthritic cannot manipulate
their fingers properly to draw-up medications into syringes and inject
a syringe. Without the continual use of these pre-filled medications
in syringe devices, patients are at risk for more severe health
problems (which results in increased health care costs) and
potentially death.
Current law imposes unnecessary restrictions that deprive patients
from receiving optimal care and treatment. The restrictions imposed
under PHL 3381 also increase the administrative burden on overworked
physicians and pharmacists.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Effective immediately.