N.Y. Education Law § 811: Procurement, use and possession of hypodermic syringes and needles by school personnel for educational purposes

§ 811. Procurement, use and possession of hypodermic syringes and

needles by school personnel for educational purposes. 1.

Notwithstanding the provisions of section 220.45 of the penal law, it

shall be lawful for authorized persons under the jurisdiction of the

public school authorities in a public school; or of the state education

department; or of the governing board of any other educational

institution, the curriculum of which is registered by the department, to

purchase, acquire, have under control, possess and use hypodermic

syringes and needles for instructional or other educational purposes

provided such school authorities in the case of a school district, the

appropriate superior officer in the case of the department, or such

governing board in the case of other institutions, has filed with the

commissioner of education and with the state department of health a

certificate of need for such hypodermic needles which shall set forth

the following:

a. The legal designation and address of the school district, if a

public school or if another school or institution, the name and address

thereof, and the exact location where such hypodermic syringes and

needles will be used and stored.

b. The name and address of the chief administrative officer of the

school or institution.

c. The use proposed to be made of such hypodermic needles.

d. The names of persons employed in the school, the department, or

other institution authorized to have custody and/or use of such

hypodermic needles.

e. The safeguards to be taken to prevent such instruments from falling

into the hands of unauthorized persons.

f. The disposition which will be made of unwanted or broken syringes

and needles. In the case of the department such certificate shall be

made and filed by the assistant commissioner under whose supervision the

work involving the use of such hypodermic syringes or needles is done,

and a duplicate thereof shall be filed with the state department of

health.

2. Nothing contained in this section shall be construed to require the

filing of such names by medical institutions, including but not limited

to, public health centers, industrial clinics, diagnostic, treatment or

research centers, rehabilitation facilities, nursing homes, medical

schools or colleges, tuberculosis, mental, chronic disease and other

types of hospitals, clinical laboratories, outpatient departments,

nurses training facilities and central service facilities operated in

conjunction with medical institutions.

3. The commissioner, after consultation with the commissioner of

health, shall make regulations for the administration of this section.