Title: Section 80.137 - Expanded syringe access program
Section 80.137 - Expanded syringe access program.
(1) "Authorized provider" for the purposes of this section shall mean any of the following who have registered with the Department:
(i) a pharmacy licensed under article one hundred thirty-seven of the education law;
(ii) a health care facility licensed under article twenty-eight 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.
(1) Authorized providers must register with the Department in order to sell or furnish hypodermic needles and/or syringes without a prescription pursuant to this section.
(2) Authorized providers must register with the Department in order to accept hypodermic needles and/or syringes for purposes of disposal. Failure of an entity to register shall not affect its obligations to accept needles and syringes originating from a private residence when such entity is already obliged to do so pursuant to Section 1389-dd of the Public Health Law.
(3) Registration shall be limited to authorized providers in good standing and will consist of submission to the Department of a completed application in a form prescribed by the commissioner, and receipt of the acceptance from the commissioner of such registration, prior to the initiation of the selling or furnishing of hypodermic needles and syringes without a prescription and or accepting hypodermic needles and/or syringes for disposal.
(4) The registration form must include, at a minimum, the following information:
(i) the name, address, license number, telephone number and fax number (if available) of the authorized provider;
(ii) the name, address, telephone and electronic mail address, if available, of the individual designated by the authorized provider to have administrative responsibility for the provider’s participation in the expanded syringe access program;
(iii) an attestation that the authorized provider will abide by the provisions of this section and the provisions contained in the registration form with regard to the selling or furnishing of hypodermic needles or syringes without a prescription;
(iv) a description of how the registrant will cooperate in the safe disposal of used hypodermic needles or syringes, or will provide such services (pharmacies and health care practitioners are not required to provide such services); and
(v) the signature of the individual authorized to sign the registration form on behalf of the applicant.
(5) The registration period shall commence upon the acceptance of such registration by the commissioner and shall remain valid for a period to coincide with the maximum allowed at the time of registration under Section 3381 of the Public Health Law or until notice of termination by the Department. Authorized providers shall notify the Department of any changes in the information provided to the Department. Changes or corrections to such information shall be submitted to the Department by the completion of a revised registration form as soon as possible but no later than 30 days after such change. Should an authorized provider choose to withdraw its registration, written notification of such intent must be provided to the Department. Such withdrawal shall not be effective until receipt of such written notice is acknowledged by the Department in writing.
(6) The name, address, and telephone number of the authorized provider may be used in the development of, or included in, a registry of authorized providers for the purpose of informing consumers of available authorized providers for the purposes of sale, furnishing, and/or disposal, as specified on the registration form.
(c) Upon the finding of a violation of this section or when a registrant is no longer in good standing, the commissioner may suspend, for a period up to one year, an authorized provider’s ability to sell or furnish hypodermic needles or syringes, or to accept hypodermic needles or syringes for disposal under this Section. Entities otherwise 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.
(d) Requirements for authorized providers for the purpose of selling and furnishing of hypodermic needles and syringes without a prescription.
(1) After acceptance of the registration by the commissioner, 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 eighteen years of age or older;
(ii) each sale or furnishing is limited to a quantity of ten or less; and
(iii) 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:
(i) shall not advertise to the public the availability for retail or furnishing of hypodermic syringes and needles without a prescription, provided, however, that in-store signage indicating that hypodermic syringes and needles may be purchased without a prescription, and which is consistent with guidance issued by the Department, shall not be considered advertising to the public; and
(ii) 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.
(e) 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.
(f) Possession. A natural person eighteen years of age or older may obtain and possess hypodermic syringes and needles obtained pursuant to this Section.
(g) 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.
VOLUME A-1a (Title 10)