Bill Text: NY S03763 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to hypodermic syringes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S03763 Detail]

Download: New_York-2019-S03763-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3763
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 13, 2019
                                       ___________
        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:
     1    Section  1.  Subdivisions 1 and 5 of section 3381 of the public health
     2  law, subdivision 1 as amended by chapter 178 of the laws of 2010, subdi-
     3  vision 5 as amended by section 9-a of part B of chapter 58 of  the  laws
     4  of  2007, and paragraphs (e), (f) and (g) of subdivision 5 as amended by
     5  section 2 of part D of chapter 71 of the laws of 2016,  are  amended  to
     6  read as follows:
     7    1.  It  shall be unlawful for any person to sell or furnish to another
     8  person or persons, a hypodermic syringe or hypodermic needle except:
     9    (a) pursuant to a  prescription  of  a  practitioner,  which  for  the
    10  purposes  of  this section shall include a patient specific prescription
    11  form as provided for in the education law; or
    12    (b) to persons who have been authorized by the commissioner to  obtain
    13  and possess such instruments; or
    14    (c)  by  a pharmacy licensed under article one hundred thirty-seven of
    15  the education law, health care facility licensed under  article  twenty-
    16  eight  of  this  chapter  or a health care practitioner who is otherwise
    17  authorized to prescribe the use of hypodermic needles or syringes within
    18  his or her scope of practice;  provided,  however,  that  such  sale  or
    19  furnishing:  (i)  shall  only  be  to  a person eighteen years of age or
    20  older; and (ii) [shall be limited to a quantity of ten or less hypoderm-
    21  ic needles or syringes; and (iii)] shall be in accordance with  subdivi-
    22  sion five of this section.
    23    5.  (a) A person eighteen years of age or older may obtain and possess
    24  a hypodermic syringe or hypodermic needle pursuant to paragraph  (c)  of
    25  subdivision one of this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08539-01-9
        S. 3763                             2
     1    (b)  Subject  to  regulations of the commissioner, a pharmacy licensed
     2  under article one hundred thirty-seven of the education  law,  a  health
     3  care  facility  licensed under article twenty-eight of this chapter or a
     4  health care practitioner who is otherwise authorized  to  prescribe  the
     5  use  of  hypodermic needles or syringes within his or her scope of prac-
     6  tice, may obtain and possess hypodermic  needles  or  syringes  for  the
     7  purpose  of  selling  or  furnishing  them  pursuant to paragraph (c) of
     8  subdivision one of this section or for the purpose of disposing of them,
     9  provided that such pharmacy, health care facility or health care practi-
    10  tioner has registered with the department.
    11    (c) Sale or furnishing of hypodermic syringes or hypodermic needles to
    12  direct consumers pursuant to this subdivision by a pharmacy, health care
    13  facility, or health care practitioner shall be accompanied by  a  safety
    14  insert. Such safety insert shall be developed or approved by the commis-
    15  sioner  and shall include, but not be limited to, (i) information on the
    16  proper use of hypodermic syringes and hypodermic needles; (ii) the  risk
    17  of  blood  borne  diseases  that  may  result from the use of hypodermic
    18  syringes and hypodermic needles; (iii) methods for preventing the trans-
    19  mission or contraction of blood borne diseases; (iv)  proper  hypodermic
    20  syringe and hypodermic needle disposal practices; (v) information on the
    21  dangers  of injection drug use, and how to access drug treatment; (vi) a
    22  toll-free phone number for information  on  the  human  immunodeficiency
    23  virus; and (vii) information on the safe disposal of hypodermic syringes
    24  and hypodermic needles including the relevant provisions of the environ-
    25  mental  conservation  law  relating to the unlawful release of regulated
    26  medical waste. The safety insert shall be attached to or included in the
    27  hypodermic syringe and hypodermic needle packaging, or shall be given to
    28  the purchaser at the point of sale or furnishing in brochure form.
    29    [(d)] In addition to the requirements of paragraph (c) of  subdivision
    30  one of this section, a pharmacy licensed under article one hundred thir-
    31  ty-seven  of the education law may sell or furnish hypodermic needles or
    32  syringes only if such pharmacy[: (i) does not advertise  to  the  public
    33  the  availability for retail sale or furnishing of hypodermic needles or
    34  syringes without a prescription; and (ii)] at any location  where  hypo-
    35  dermic  needles  or  syringes  are  kept  for retail sale or furnishing,
    36  stores such needles and syringes in a manner that makes  them  available
    37  only to authorized personnel and not openly available to customers.
    38    [(e)] (d) A pharmacy registered under article one hundred thirty-seven
    39  of  the  education  law  may  offer  counseling and referral services to
    40  customers purchasing hypodermic syringes for the purpose of:  preventing
    41  injection  drug  abuse;  the provision of drug treatment; preventing and
    42  treating hepatitis C; preventing drug overdose; testing  for  the  human
    43  immunodeficiency  virus; and providing pre-exposure prophylaxis and non-
    44  occupational post-exposure prophylaxis. The content of  such  counseling
    45  and referral shall be at the professional discretion of the pharmacist.
    46    [(f)]  (e)  The  commissioner  shall  promulgate rules and regulations
    47  necessary to implement the provisions of this  subdivision  which  shall
    48  include  a  requirement that such pharmacies, health care facilities and
    49  health care practitioners cooperate in [a] the  safe  disposal  of  used
    50  hypodermic needles or syringes.
    51    [(g)]  (f)  The  commissioner  may, upon the finding of a violation of
    52  this section, suspend for a determinate  period  of  time  the  sale  or
    53  furnishing of syringes by a specific entity.
    54    § 2. This act shall take effect immediately.