S T A T E   O F   N E W   Y O R K
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                                  10202

                          I N  A S S E M B L Y

                              May 16, 2016
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Higher Education

AN ACT to  amend  the  public  health  law,  in  relation  to  sale  and
  possession of hypodermic needles and syringes

  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]  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; AND (ii) [shall be limited to a quantity of  ten  or  less
hypodermic  needles  or syringes; and (iii)] shall be in accordance with
subdivision 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]
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

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

                                                           LBD15327-01-6

A. 10202                            2

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
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 SYRINGES FOR THE PURPOSE OF:  PREVENTING  INJECTION  DRUG
ABUSE; THE PROVISIONS OF DRUG TREATMENT; PREVENTING AND TREATING HEPATI-
TIS  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  neces-
sary  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  practitioners  cooperate  in [a] THE 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 2. This act shall take effect immediately.