Title: Section 80.137 - Expanded syringe access program

Section 80.137 - Expanded syringe access program.

(a) Definitions.

(1) "Authorized provider" for the purposes of this section shall mean any of the following:

(i) a pharmacy licensed under article 137 of the Education Law;

(ii) a health care facility licensed under article 28 of the Public Health Law; or

(iii) a health care practitioner who is otherwise authorized to prescribe the use of hypodermic needles or syringes within his or her scope of practice.

(2) "Safety insert", for the purposes of this section, shall mean a document that is either developed or approved by the commissioner and shall contain, at a minimum, the following information:

(i) information on the proper use of hypodermic syringes and needles;

(ii) the risk of blood-borne diseases that may result from the use of hypodermic syringes and needles;

(iii) methods for preventing the transmission or contraction of blood-borne diseases;

(iv) proper disposal practices for hypodermic syringes and needles, including information on safe disposal and the relevant provisions of the environmental conservation law relating to the unlawful release of regulated medical waste;

(v) the dangers of injection drug use and how to access drug treatment;

(vi) a toll-free number for information on the human immunodeficiency virus; and

(vii) a statement that it is legal for persons to possess syringes obtained pursuant to article 33 of the Public Health Law.

(b) Entities obliged to accept hypodermic needles or syringes for disposal pursuant to section 1389-dd of the Public Health Law shall not be relieved from such obligation.

(c) Requirements for authorized providers for the purpose of selling and furnishing of hypodermic needles and syringes without a prescription.

(1) An authorized provider may obtain and possess such hypodermic syringes and needles for such purpose, provided that:

(i) such sale or furnishing shall only be to a natural person 18 years of age or older; and

(ii) the sale or furnishing shall be accompanied by a safety insert as described in paragraph (a)(2) of this section. Such insert shall be attached to or included in the hypodermic syringe and/or needle packaging, or provided in brochure form, at the point of sale or furnishing.

(2) In addition, a pharmacy shall, at any location where hypodermic syringes and needles are kept for retail furnishing, store such syringes and needles in a manner that makes them available only to authorized personnel and not openly available to customers.

(d) Authorized providers that accept needles and/or syringes for purposes of disposal shall adhere to state and local public health and environmental conservation laws, rules, and regulations related to the disposal of regulated medical waste.

(e) Possession. A natural person 18 years of age or older may obtain and possess hypodermic syringes and needles obtained pursuant to this section.

(f) Applicability. The provisions of this section shall not apply to any sale, furnishing, or possession of hypodermic needles or syringes which is lawful under section 3381(1)(a) or (b) of the Public Health Law.