NY State Senate Bill 2011-S5312

Archive: Last Bill Status - In Senate Committee Health Committee

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

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to health
Jun 07, 2011	reported and committed to finance
May 04, 2011	referred to health

Votes

- Jun 7, 2011 - Health Committee Vote
  S5312
  
  Aye
  
  11
  
  Nay
  
  1
  
  Aye with Reservations
  
  5
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: Jun 7, 2011
      
      aye (11)
      
      Adams
      
      Duane
      
      Farley
      
      Fuschillo
      
      Hannon
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Rivera
      
      Smith
      
      Stewart-Cousins
      
      nay (1)
      
      Golden
      
      aye wr (5)
      
      Ball
      
      Gianaris
      
      Kruger
      
      Seward
      
      Young

2011-S5312 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3381, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S832
2015-2016: S1904
2017-2018: S2428
2019-2020: S3763
2021-2022: S3135

2011-S5312 (ACTIVE) - Summary

Relates to hypodermic syringes.

2011-S5312 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5312

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


non-prescription 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.

2011-S5312 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5312

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 4, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- 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, subdivision 1 as amended by chapter 178 of the  laws  of  2010  and
subdivision  5  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  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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11074-01-1

S. 5312                             2

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 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] THE safe disposal of used
hypodermic 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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Senate Bill S5312

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Votes

Jun 7, 2011 - Health Committee Vote

Health Committee Vote: Jun 7, 2011

2011-S5312 (ACTIVE) - Details

2011-S5312 (ACTIVE) - Summary

2011-S5312 (ACTIVE) - Sponsor Memo

2011-S5312 (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S5312

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Sponsored By

Thomas K. Duane

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Votes

2011-S5312 (ACTIVE) - Details

2011-S5312 (ACTIVE) - Summary

2011-S5312 (ACTIVE) - Sponsor Memo

2011-S5312 (ACTIVE) - Bill Text download pdf

Comments