Part G - Extracted from Chapter 56 of the Laws of 2000
Section 1. Section 3381 of the public health law, as added by chapter 878 of the laws of 1972, subdivision 3 as amended by chapter 163 of the laws of 1973 and subdivision 5 as added by chapter 639 of the laws of 1996, and amended by Chapter 16 of the Laws of 2003 is amended to read as follows: § 3381. Sale and possession of hypodermic syringes and hypodermic needles.
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 written prescription of a practitioner; or
(b) to persons who have been authorized by the commissioner to obtain andpossess 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; (ii) shall be limited to a quantity of ten or less hypodermic needles or syringes; and (iii) shall be in accordance with subdivision six of this section.
2. It shall be unlawful for any person to obtain or possess a hypodermic syringe or hypodermic needle unless such possession has been authorized by the commissioner or is pursuant to a written prescription,or is pursuant to subdivision six of this section.
3. Any person selling or furnishing a hypodermic syringe or hypodermic needle pursuant to a prescription[-,-] shall record upon the face of the prescription, over his signature, 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 authorization shall be effective for a period greater than two years from the date the prescription is signed.
4. The commissioner shall, subject to subdivision six 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. (a) The commissioner, in consultation with the commissioner of alcoholism and substance abuse services, the commissioner of the department of correctional services, the commissioner of the division of criminal justice services, the commissioner of the office of general services, the commissioner of the office of mental health, the commissioner of the office of mental retardation and developmental disabilities and the director of the division for youth shall develop a limited number of cooperative pilot projects to test the practicality and effectiveness of the distribution of syringes for human injection which are intended for single use and which are non-reusable. Such pilot projects shall be demonstrated throughout the state in high risk clinical settings of state operated facilities such as prisons, hospitals, youth detention facilities, developmental centers and other state operated facilities as the commissioner, in consultation with the above listed commissioners and directors determine appropriate.
(b) On or before June thirtieth, nineteen hundred ninety-eight, the commissioner and the commissioners and directors listed in paragraph (a) of this subdivision shall evaluate the pilot projects established pursuant to this subdivision, and shall submit a report of his or her evaluation to the governor, the temporary president of the senate, and the speaker of the assembly.
6. (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 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 commissioner 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 transmission 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 environmental 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 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) 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) 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. The section heading of section 853 of the general business law, as amended by chapter 812 of the laws of 1980, is amended to read as follows: Enforcement; limitation of scope.
§ 3. The opening paragraph of section 853 of the general business law is designated subdivision 1 and a new subdivision 2 is added to read as follows: 2. This article shall not apply to any sale, furnishing or possession which is lawful under section 3381 of the public health law.
§ 4. The commissioner of health, in consultation with the AIDS advisory council, shall enter into agreements with one or more persons, not-for-profit corporations or other organizations, other than a state employee, official or agency, for the performance of an evaluation of the implementation and effectiveness of the provisions of this act. Such evaluation shall include, but not be limited to, an analysis of the impact on the following: (i) needle and syringe sharing; (ii) substance abuse; (iii) pharmacy practice; (iv) criminal activity; (v) accidental needlesticks among law enforcement, sanitation and other personnel; and (vi) syringe disposal. The evaluation shall also assess various methods of education on the safe use and proper disposal of syringes and needles. The evaluation shall be submitted to the governor and the legislature on or before January 15, 2003.
§ 5. This act shall take effect January 1, 2001 and shall remain in full force and effect until September 1, 2007 when upon such date the provisions of this act shall be deemed repealed; provided, however, that effective immediately the commissioner of health is authorized to promulgate any rules and regulations necessary for the timely implementation of this act on such effective date.