Bill Text: NY S07802 | 2015-2016 | General Assembly | Introduced
Bill Title: Authorizes pharmacies to offer counseling services to persons purchasing hypodermic syringes relating to drug abuse and safe practices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-05-12 - REFERRED TO HEALTH [S07802 Detail]
Download: New_York-2015-S07802-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7802 IN SENATE May 12, 2016 ___________ Introduced by Sen. HANNON -- 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 the provision of counseling services by pharmacies to persons purchasing hypodermic needles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 1 of section 3381 of the 2 public health law, as amended by chapter 178 of the laws of 2010, is 3 amended to read as follows: 4 (c) by a pharmacy [licensed] registered under article one hundred 5 thirty-seven of the education law, health care facility licensed under 6 article twenty-eight of this chapter or a health care practitioner who 7 is otherwise authorized to prescribe the use of hypodermic needles or 8 syringes within his or her scope of practice; provided, however, that 9 such sale or furnishing: (i) shall only be to a person eighteen years of 10 age or older; (ii) shall be limited to a quantity of ten or less hypo- 11 dermic needles or syringes; and (iii) shall be in accordance with subdi- 12 vision five of this section. 13 § 2. Subdivision 5 of section 3381 of the public health law, as 14 amended by section 9-a of part B of chapter 58 of the laws of 2007, is 15 amended to read as follows: 16 5. (a) A person eighteen years of age or older may obtain and possess 17 a hypodermic syringe or hypodermic needle pursuant to paragraph (c) of 18 subdivision one of this section. 19 (b) Subject to regulations of the commissioner, a pharmacy [licensed] 20 registered under article one hundred thirty-seven of the education law, 21 a health care facility licensed under article twenty-eight of this chap- 22 ter or a health care practitioner who is otherwise authorized to 23 prescribe the use of hypodermic needles or syringes within his or her 24 scope of practice, may obtain and possess hypodermic needles or syringes 25 for the purpose of selling or furnishing them pursuant to paragraph (c) 26 of subdivision one of this section or for the purpose of disposing of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15440-02-6S. 7802 2 1 them, provided that such pharmacy, health care facility or health care 2 practitioner has registered with the department. 3 (c) Sale or furnishing of hypodermic syringes or hypodermic needles to 4 direct consumers pursuant to this subdivision by a pharmacy, health care 5 facility, or health care practitioner shall be accompanied by a safety 6 insert. Such safety insert shall be developed or approved by the commis- 7 sioner and shall include, but not be limited to, (i) information on the 8 proper use of hypodermic syringes and hypodermic needles; (ii) the risk 9 of blood borne diseases that may result from the use of hypodermic 10 syringes and hypodermic needles; (iii) methods for preventing the trans- 11 mission or contraction of blood borne diseases; (iv) proper hypodermic 12 syringe and hypodermic needle disposal practices; (v) information on the 13 dangers of injection drug use, and how to access drug treatment; (vi) a 14 toll-free phone number for information on the human immunodeficiency 15 virus; and (vii) information on the safe disposal of hypodermic syringes 16 and hypodermic needles including the relevant provisions of the environ- 17 mental conservation law relating to the unlawful release of regulated 18 medical waste. The safety insert shall be attached to or included in the 19 hypodermic syringe and hypodermic needle packaging, or shall be given to 20 the purchaser at the point of sale or furnishing in brochure form. 21 (d) In addition to the requirements of paragraph (c) of subdivision 22 one of this section, a pharmacy [licensed] registered under article one 23 hundred thirty-seven of the education law may sell or furnish hypodermic 24 needles or syringes only if such pharmacy: (i) does not advertise to the 25 public the availability for retail sale or furnishing of hypodermic 26 needles or syringes without a prescription; and (ii) at any location 27 where hypodermic needles or syringes are kept for retail sale or 28 furnishing, stores such needles and syringes in a manner that makes them 29 available only to authorized personnel and not openly available to 30 customers. 31 (e) A pharmacy registered under article one hundred thirty-seven of 32 the education law may offer counseling and referral services to custom- 33 ers purchasing hypodermic syringes for the purpose of: preventing 34 injection drug abuse; the provision of drug treatment; preventing and 35 treating hepatitis C; preventing drug overdose; testing for the human 36 immunodeficiency virus; and providing pre-exposure prophylaxis and non- 37 occupational post-exposure prophylaxis. The content of such counseling 38 and referral shall be at the professional discretion of the pharmacist. 39 (f) The commissioner shall promulgate rules and regulations necessary 40 to implement the provisions of this subdivision which shall include a 41 requirement that such pharmacies, health care facilities and health care 42 practitioners cooperate in a safe disposal of used hypodermic needles or 43 syringes. 44 [(f)] (g) The commissioner may, upon the finding of a violation of 45 this section, suspend for a determinate period of time the sale or 46 furnishing of syringes by a specific entity. 47 § 3. This act shall take effect immediately.
