What's happening
This bill removes the ten-syringe purchase limit and some advertising restrictions for pharmacies selling hypodermic syringes without a prescription.
Why it matters
Expanding access to syringes can help reduce the spread of infectious diseases. such as HIV and hepatitis C, since people who inject drugs will be less likely to share or reuse equipment if they can more easily purchase clean syringes.
Removing the purchase limit and advertising restrictions may encourage more pharmacies to participate in syringe sales,. potentially making it easier for individuals to find and obtain sterile syringes in their communities.
The bill maintains important public health safeguards,. such as age restrictions (buyers must be 18 or older) and requirements for safety inserts with information on disease prevention, safe use, and safe disposal—supporting both individual and community health.
By making syringes more accessible through legal means, the legislation could help reduce stigma and barriers to harm reduction services,. possibly leading to increased engagement with healthcare providers and greater uptake of addiction treatment or health counseling.
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Who cares
Headline styles
Lift Syringe Purchase Limits
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2428
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to hypodermic syringes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 5 of section 3381 of the public health law, subdivision 1 as amended by chapter 178 of the laws of 2010, subdivision 5 as amended by section 9-a of part B of chapter 58 of the laws of 2007, and paragraphs (e), (f) and (g) of subdivision 5 as amended by section 2 of part D of chapter 71 of the laws of 2016, are amended to read as follows:
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 twentyeight 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 limited to a quantity of ten or less hypodermic needles or syringes; and (iii)] shall be in accordance with subdivision five of this section.
5. (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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07651-01-7
S. 2428 2
(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, provided that such pharmacy, health care facility or health care practitioner has registered with the department.
(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[: (i) does not advertise to the public the availability for retail sale or furnishing of hypodermic needles or syringes without a prescription; and (ii)] at any location where hypodermic needles or syringes are kept for retail sale or furnishing, stores such needles and syringes in a manner that makes them available only to authorized personnel and not openly available to customers.
[(e)] (d) 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 nonoccupational post-exposure prophylaxis. The content of such counseling and referral shall be at the professional discretion of the pharmacist.
[(f)] (e) The commissioner shall promulgate rules and regulations necessary to implement the provisions of this subdivision which shall include a requirement that such pharmacies, health care facilities and health care practitioners cooperate in [a] the safe disposal of used hypodermic needles or syringes.
[(g)] (f) 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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to hypodermic syringes
Purpose or general idea of the bill
The bill establishes requirements for integrated pest management plans for hospitals and requirements for notification of hospital occupants about pesticide applications.
Summary of provisions
The bill adds new Public Health Law § 2803-t to establish requirements for hospitals to adopt integrated pest management (IPM) plans, which must be evaluated annually and updated at least every three years. The bill also requires that all pesticide applications be conducted by certified commercial pesticide applicators.
Hospitals would be responsible for prominently posting information in advance about each pesticide application, which must remain posted for at least 48 hours. If hospitals apply pesticides to grounds, turf or trees, visual notification markers must be posted around the treated area.
Justification
Patients in hospitals are particularly vulnerable to exposure to harmful chemicals. Currently there are no specific requirements for pesticide applications in hospitals. The bill requires the use of IPM techniques, utilizing numerous preventive activities in place of pesticides, and only as a last resort authorizes the least toxic pesticides to be used. This requirement should reduce the amount of pesticide used in hospitals and therefore reduce exposures.
Posting notices of indoor pesticide applications should reduce exposures to patients, visitors and staff within hospitals or on outdoor property associated with hospitals. Use of fully certified pesticide applicators, rather than persons working under the supervision of certified applicators, should ensure better quality of such activities. The overall impact of the legislation will be to eliminate or minimize exposure to pesticides for patients, staff and others. The posted notice will afford persons in hospitals which are to receive pesticide applications to take precautions to avoid exposure to harmful chemicals.
Prior legislative history
2015-16: S.1904 - Referred to Health 2013-14: S.832 - Referred to Health 2011-12: S.5575/A.4352 - Died in Health 2009-10: A.1594 Passed Assembly 2007-08: A.849 Reported. 2005-06: A.2267 Referred to Health (A.4521) 02/19/03 Referred to Health (A.4521) 2001-02: A.10264
Fiscal implications
There may be some nominal costs associated with outdoor posting of pesticide applications in state facilities.
Effective date
The Act shall take effect immediately after the date of enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.