N.Y. Public Health Law § 3381: Sale and possession of hypodermic syringes and hypodermic needles

§ 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 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 in accordance with subdivision four of

this section; or

(d) under subdivision three of this section.

2. Any person selling or furnishing a hypodermic syringe or hypodermic

needle pursuant to a prescription shall record upon the prescription,

his or her signature or electronic signature, and 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.

3. The commissioner shall, subject to subdivision four 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.

4. (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.

(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 stores such needles and syringes in a

manner that makes them available only to authorized personnel and not

openly available to customers.

(e) 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) The commissioner shall promulgate rules and regulations necessary

to implement the provisions of this subdivision which shall include: (i)

standards for advertising to the public the availability for retail sale

or furnishing of hypodermic syringes or needles; and (ii) a requirement

that such pharmacies, health care facilities and health care

practitioners cooperate in a safe disposal of used hypodermic needles or

syringes.

(g) 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.

5. The provisions of this section shall not apply to farmers engaged

in livestock production or to those persons supplying farmers engaged in

livestock production, provided that:

(a) Hypodermic syringes and needles shall be stored in a secure,

locked storage container.

(b) At any time the department may request a document outlining:

(i) the number of hypodermic needles and syringes purchased over the

past calendar year;

(ii) a record of all hypodermic needles used over the past calendar

year; and

(iii) a record of all hypodermic needles and syringes destroyed over

the past calendar year.

(c) Hypodermic needles and syringes shall be destroyed in a manner

consistent with the provisions set forth in section thirty-three hundred

eighty-one-a of this article.