NY State Senate Bill 2015-S2220

Archive: Last Bill Status - Stricken

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2015	recommit, enacting clause stricken
Jan 22, 2015	referred to codes

co-Sponsors

View additional co-sponsors

2015-S2220 (ACTIVE) - Details

Law Section:: Penal Law
Laws Affected:: Amd §220.03, rpld §220.45, Pen L; amd §850, Gen Bus L; amd §3381, Pub Health L

2015-S2220 (ACTIVE) - Summary

Decriminalizes the possession and sale of hypodermic needles and syringes; regulates the sale of hypodermic needles and syringes.

2015-S2220 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2220

TITLE OF BILL:  An act to amend the penal law, in relation to criminal
possession of a controlled substance in the seventh degree; to amend
the general business law, in relation to drug-related paraphernalia;
to amend the public health law, in relation to the sale and possession
of hypodermic syringes and needles; and to repeal section 220.45 of
the penal law relating to criminally possessing a hypodermic
instrument

PURPOSE:

To decriminalize the possession and sale of hypodermic needles and
syringes and to allow pharmacies and healthcare agencies registered
with the state ESAP program to remove the limit of syringes per
transaction and remove the ban on program advertising.

SUMMARY OF PROVISIONS:

Section 1 amends section 220.03 of the penal law as amended by chapter
154 of the laws of 2011.

Section 2 repeals section 220.45 of the penal law.

Section 3 amends the general business law by adding a new subsection
b: Drug-related paraphernalia" shall not include hypodermic needles,

hypodermic syringes and other objects used for the purpose of
parenter-ally injecting controlled substances into the human body.

Section 4 amends the public health law by adding decriminalizing the
sale of a hypodermic syringe or hypodermic needle by an organization
authorized by the commissioner to conduct a syringe exchange program.
Omits the cap of ten syringes per individual. Adds subsection (i) to
subdivision e which requires the commissioner of health to have
standards for advertising to the public the availability for retail
sale or furnishing or hypodermic syringes or needles.

JUSTIFICATION:

Syringe access programs across our State have proven to be highly
effective public health measures in helping to reduce the rate of HIV
and hepatitis transmissions across our State. Current state law
prevents individuals from accessing harm reduction services, in turn
contributing to the spread of these epidemics.

While the state funds the distribution of millions of syringes per
year as a public health measure, police in some jurisdictions continue
to arrest thousands of people each year for syringe possession. This
deters people from accessing services and from returning used syringes
for safe disposal. The decriminalizing the possession and sale of
hypodermic needles and syringes has the potential to stop the
counterproductive use of law enforcement resources and ultimately
lower the spread of HIV/AIDS and hepatitis infections.

This bill seeks to strengthen and expand syringe access by allowing
pharmacies and healthcare agencies, registered with the state ESAP
program, to provide syringes without a cap. It would also allow these


entities to promote this program abiding the Commissioner of Health's
rules and regulations. This would allow individuals with HIV/AIDS and
Hepatitis who are unfamiliar with the ESAP program to enroll and
ultimately stop the potential spread of these epidemics.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Negligible.

EFFECTIVE DATE:

Immediately.

2015-S2220 (ACTIVE) - Bill Text download pdf

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

                                  2220

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by Sens. RIVERA, MONTGOMERY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to criminal possession  of  a
  controlled substance in the seventh degree; to amend the general busi-
  ness  law,  in  relation  to  drug-related paraphernalia; to amend the
  public health law, in relation to the sale and possession of hypoderm-
  ic syringes and needles; and to repeal section 220.45 of the penal law
  relating to criminally possessing a hypodermic instrument

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The opening paragraph of section 220.03 of the penal law,
as amended by chapter 154 of the laws of 2011, is  amended  to  read  as
follows:
  A person is guilty of criminal possession of a controlled substance in
the  seventh  degree when he or she knowingly and unlawfully possesses a
controlled  substance;  provided,  however,  that  it  shall  not  be  a
violation of this section when a person possesses a residual amount of a
controlled  substance  and that residual amount is in or on a hypodermic
syringe or hypodermic needle [obtained and possessed pursuant to section
thirty-three hundred eighty-one of the public health law]; nor shall  it
be  a violation of this section when a person's unlawful possession of a
controlled substance is discovered as  a  result  of  seeking  immediate
health  care as defined in paragraph (b) of subdivision three of section
220.78 of the penal law, for either another person  or  him  or  herself
because  such person is experiencing a drug or alcohol overdose or other
life threatening medical emergency as defined in paragraph (a) of subdi-
vision three of section 220.78 of the penal law.
  S 2. Section 220.45 of the penal law is REPEALED.
  S 3. Subdivision 2 of section 850 of  the  general  business  law,  as
amended  by  chapter  812  of  the  laws  of 1980, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06211-01-5

S. 2220                             2

  2. (A) "Drug-related paraphernalia" consists of the following  objects
used for the following purposes:
  [(a)]  (I)  Kits, used or designed for the purpose of planting, propa-
gating, cultivating, growing or harvesting of any species of plant which
is a controlled substance or from which a controlled  substance  can  be
derived;
  [(b)]  (II)  Kits,  used or designed for the purpose of manufacturing,
compounding, converting, producing, or preparing controlled substances;
  [(c)] (III) Isomerization devices, used or designed for the purpose of
increasing the potency of any species of plant  which  is  a  controlled
substance;
  [(d)]  (IV)  Scales  and balances, used or designed for the purpose of
weighing or measuring controlled substances;
  [(e)] (V) Diluents and  adulterants,  including  but  not  limited  to
quinine  hydrochloride, mannitol, mannite, dextrose and lactose, used or
designed for the purpose of cutting controlled substances;
  [(f)] (VI) Separation gins, used or designed for the purpose of remov-
ing twigs and seeds in order to clean or refine marihuana;
  [(g) Hypodermic syringes, needles and other objects, used or  designed
for the purpose of parenterally injecting controlled substances into the
human body;
  (h)] AND
  (VII)  Objects,  used or designed for the purpose of ingesting, inhal-
ing, or otherwise introducing marihuana, cocaine,  hashish,  or  hashish
oil into the human body.
  (B) "DRUG-RELATED PARAPHERNALIA" SHALL NOT INCLUDE HYPODERMIC NEEDLES,
HYPODERMIC  SYRINGES AND OTHER OBJECTS USED FOR THE PURPOSE OF PARENTER-
ALLY INJECTING CONTROLLED SUBSTANCES INTO THE HUMAN BODY.
  S 4. Section 3381 of the public health law, as amended by section  9-a
of  part B of chapter 58 of the laws of 2007, subdivisions 1, 2 and 3 as
amended by chapter 178 of the laws  of  2010,  is  amended  to  read  as
follows:
  S  3381.  Sale  and  possession  of hypodermic syringes and hypodermic
needles. 1. It shall be [unlawful] LAWFUL 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]  BY  AN  ORGANIZATION AUTHORIZED BY THE
COMMISSIONER TO CONDUCT A SYRINGE EXCHANGE PROGRAM; 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] FOUR of this section.
  2. [It shall be unlawful for any person to obtain or possess  a  hypo-
dermic  syringe  or  hypodermic  needle  unless such possession has been
authorized by the commissioner or is pursuant to a prescription,  or  is
pursuant to subdivision five of this section.

S. 2220                             3

  3.] Any person selling or furnishing a hypodermic syringe or hypoderm-
ic needle pursuant to a prescription shall record upon the prescription,
his  or  her signature or electronic signature, and the date of the sale
or furnishing of the  hypodermic  syringe  or  hypodermic  needle.  Such
prescription shall be retained on file for a period of five years and be
readily  accessible  for  inspection  by  any public officer or employee
engaged in the enforcement of this section.  Such  prescription  may  be
refilled  not  more  than the number of times specifically authorized by
the prescriber upon the prescription, provided however no such  authori-
zation  shall  be effective for a period greater than two years from the
date the prescription is signed.
  [4] 3.  The commissioner shall, subject to subdivision [five] FOUR  of
this  section,  designate  persons, or by regulation, classes of persons
who may  obtain  hypodermic  syringes  and  hypodermic  needles  without
prescription  and  the  manner in which such transactions may take place
and the records thereof which shall be maintained.
  [5] 4.  (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[, provided that such pharmacy, health care facility or health  care
practitioner 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.

S. 2220                             4

  (e) The commissioner shall promulgate rules and regulations  necessary
to implement the provisions of this subdivision which shall include: (I)
STANDARDS FOR ADVERTISING TO THE PUBLIC THE AVAILABILITY FOR RETAIL SALE
OR  FURNISHING OF HYPODERMIC SYRINGES OR NEEDLES; AND (II) a requirement
that such pharmacies, health care facilities and health care practition-
ers cooperate in a safe disposal of used hypodermic needles or syringes.
  (f)  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.
  [6] 5.  The provisions of this section  shall  not  apply  to  farmers
engaged  in  livestock  production or to those persons supplying farmers
engaged in livestock production, provided that:
  (a) Hypodermic syringes and needles  shall  be  stored  in  a  secure,
locked storage container.
  (b) At any time the department may request a document outlining:
  (i)  the  number of hypodermic needles and syringes purchased over the
past calendar year;
  (ii) a record of all hypodermic needles used over  the  past  calendar
year; and
  (iii)  a  record of all hypodermic needles and syringes destroyed over
the past calendar year.
  (c) Hypodermic needles and syringes shall be  destroyed  in  a  manner
consistent with the provisions set forth in section thirty-three hundred
eighty-one-a of this article.
  S 5. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S2220

Sponsored By

Archive: Last Bill Status - Stricken

Actions

co-Sponsors

2015-S2220 (ACTIVE) - Details

2015-S2220 (ACTIVE) - Summary

2015-S2220 (ACTIVE) - Sponsor Memo

2015-S2220 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2015-S2220

Senate Bill S2220

Share this bill

Sponsored By

Archive: Last Bill Status - Stricken

Actions

co-Sponsors

2015-S2220 (ACTIVE) - Details

2015-S2220 (ACTIVE) - Summary

2015-S2220 (ACTIVE) - Sponsor Memo

2015-S2220 (ACTIVE) - Bill Text download pdf

Comments