NY Pub Health L § 3381 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 7 - Offenses, Violations and Enforcement 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.