Relates to the sale and possession of hypodermic syringes and hypodermic needles

Title of bill

An act to amend the public health law, in relation to the sale and possession of hypodermic syringes and hypodermic needles

Purpose

To remove prefilled syringes as controlled substances under the public health law.

Summary of provisions

Section 1: Amends section 3381 of the public health law to exclude prefilled syringes from the controlled substances list.

Section 2: Effective date.

Justification

Currently under New York State law (PHL 3381), medications (that are non-controlled substances) dispensed in pre-filled syringes or syringe devices and the needles required for their administration are considered controlled substances.

These medications are used for chronic diseases such as diabetes, HIV, Rheumatoid arthritis, Multiple Sclerosis, and Crohn's disease. One of these medications (adrenalin, epinephrine) is used in emergency situations as a rescue drug to treat a severe anaphylactic allergic reaction that can be life threatening.

Due to their 'controlled' designation under NYS law, these very important medications come with restrictions that are roadblocks to effective patient care (1) These medications cannot be orally prescribed unless the physician provides the pharmacy with a written hard-copy follow-up prescription within 72 hours. (2) Prescription refills cannot be transferred from one pharmacy to another. (3) They cannot be electronically prescribed. (4) In long term care settings, they cannot be ordered on 'medication orders,' rather they require a separate written prescription.

The following scenarios illustrate how current statutes work against patient care. An individual who travels instate or out of NY on vacation and who runs out of insulin or syringes & needles, their multiple sclerosis medication or their emergency epinephrine pen cannot have their prescription or prescription refill transferred out of their NY pharmacy. Going without medication clearly harms the patient. Also, a majority of these medications require refrigeration, making it almost impossible for patients to carry the medications while traveling in a car or airplane. A reasonable person will want to access their medication from a pharmacy at their destination. Current NY law puts patients in untenable situations that clearly work against effective self-care.

More than forty medications dispensed in pre-filled syringes/devices are on the market today, representing newer, more effective products and technologies to treat very serious diseases. The number will continue to increase. These medication delivery systems are safe and effective in improving quality of life by increasing patient compliance. Pre-filled syringe devices are life-saving convenience for patients with vision problems or with arthritic conditions. These patients cannot see well enough or if arthritic cannot manipulate their fingers properly to draw-up medications into syringes and inject a syringe. Without the continual use of these pre-filled medications in syringe devices, patients are at risk for more severe health problems (which results in increased health care costs) and potentially death. Current law imposes unnecessary restrictions that deprive patients from receiving optimal care and treatment. The restrictions imposed under PHL 3381 also increase the administrative burden on overworked physicians and pharmacists.

Legislative history

This is a new bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Effective immediately.