Senate Bill S7802

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

                                  7802

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  HANNON -- 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 the  provision  of
  counseling  services  by  pharmacies  to persons purchasing hypodermic
  needles

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

  Section  1.  Paragraph  (c)  of  subdivision  1 of section 3381 of the
public health law, as amended by chapter 178 of the  laws  of  2010,  is
amended to read as follows:
  (c)  by  a  pharmacy  [licensed]  REGISTERED 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; (ii) shall be limited to a quantity of ten or  less  hypo-
dermic needles or syringes; and (iii) shall be in accordance with subdi-
vision five of this section.
  S  2.  Subdivision  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,  is
amended to read as follows:
  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]
REGISTERED under article one hundred thirty-seven of the education  law,
a health care facility licensed under article twenty-eight of this chap-
ter  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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15440-02-6
              

S. 7802                             2

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] REGISTERED under article  one
hundred thirty-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  hypodermic  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)  A  PHARMACY  REGISTERED UNDER ARTICLE ONE HUNDRED THIRTY-SEVEN OF
THE EDUCATION LAW MAY OFFER COUNSELING AND REFERRAL SERVICES TO  CUSTOM-
ERS  PURCHASING  HYPODERMIC  SYRINGES  FOR  THE PURPOSE OF:   PREVENTING
INJECTION DRUG ABUSE; THE PROVISION OF DRUG  TREATMENT;  PREVENTING  AND
TREATING  HEPATITIS  C;  PREVENTING DRUG OVERDOSE; TESTING FOR THE HUMAN
IMMUNODEFICIENCY VIRUS; AND PROVIDING PRE-EXPOSURE PROPHYLAXIS AND  NON-
OCCUPATIONAL  POST-EXPOSURE  PROPHYLAXIS. THE CONTENT OF SUCH COUNSELING
AND REFERRAL SHALL BE AT THE PROFESSIONAL DISCRETION OF THE PHARMACIST.
  (F) 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 hypodermic needles or
syringes.
  [(f)] (G) 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 3. This act shall take effect immediately.