N.Y. Public Health Law § 1399-tt: Regulations

§ 1399-tt. Regulations. The commissioner shall make regulations, under

this article, governing the use of sharps in health care for the purpose

of: preventing sharps injuries, reducing exposure incidents, and

promoting the use of safer technologies which include engineered sharps

injury protections. Dentists licensed in this state, under title eight

of the education law, shall be exempt from the regulations under this

article. Regulations under this article shall prohibit the use of sharps

that do not incorporate engineered sharps injury protections. The

regulations may provide exceptions permitting the use of sharps without

engineered sharps injury protections under circumstances where:

(a) appropriate engineered sharps are not available in the market;

(b) the use of sharps without engineered sharps injury protections is

essential to the performance of a specific medical procedure; or

(c) based on objective product evaluation, sharps with engineered

injury protections are not more effective in preventing exposure

incidents than sharps without engineered injury protections.