Senate Bill S3135

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3135
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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, subdi-
 vision 5 as amended by section 9-a of part B of chapter 58 of  the  laws
 of  2007, and paragraphs (e), (f) and (g) of subdivision 5 as amended by
 section 2 of part D of chapter 71 of the laws of 2016,  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.

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

                                                            LBD07375-01-1

 S. 3135                             2
 
   (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 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) A pharmacy registered under article one hundred thirty-seven
 of  the  education  law  may  offer  counseling and referral services to
 customers 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)]  (E)  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.
   [(g)]  (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.
   § 2. This act shall take effect immediately.