Bill Text: NY A01634 | 2019-2020 | General Assembly | Introduced


Bill Title: Decriminalizes the possession and sale of hypodermic needles and syringes; regulates the sale of hypodermic needles and syringes.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced) 2019-01-16 - referred to codes [A01634 Detail]

Download: New_York-2019-A01634-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1634
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 16, 2019
                                       ___________
        Introduced  by  M. of A. GOTTFRIED, L. ROSENTHAL, WALKER, WEPRIN, DINOW-
          ITZ, BRONSON, ABINANTI, JOYNER, STECK, BLAKE,  MOSLEY,  ORTIZ,  SIMON,
          GLICK, AUBRY -- Multi-Sponsored by -- M. of A. CARROLL, COOK, EPSTEIN,
          HEVESI,  HYNDMAN,  KIM,  NIOU,  RICHARDSON,  WRIGHT  --  read once and
          referred to the Committee on Codes
        AN ACT to amend the penal law, in relation to criminal possession  of  a
          controlled substance in the seventh degree; to amend the general busi-
          ness  law,  in  relation  to  drug-related paraphernalia; to amend the
          public health law, in relation to the sale and possession of hypoderm-
          ic syringes and needles; and to repeal section 220.45 of the penal law
          relating to criminally possessing a hypodermic instrument
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The opening paragraph of section 220.03 of the penal law,
     2  as amended by section 4 of part I of chapter 57 of the laws of 2015,  is
     3  amended to read as follows:
     4    A person is guilty of criminal possession of a controlled substance in
     5  the  seventh  degree when he or she knowingly and unlawfully possesses a
     6  controlled  substance;  provided,  however,  that  it  shall  not  be  a
     7  violation of this section when a person possesses a residual amount of a
     8  controlled  substance  and that residual amount is in or on a hypodermic
     9  syringe or hypodermic needle [obtained and possessed pursuant to section
    10  thirty-three hundred eighty-one of the public health law, which includes
    11  the state's syringe exchange and  pharmacy  and  medical  provider-based
    12  expanded  syringe  access programs]; nor shall it be a violation of this
    13  section when a person's unlawful possession of a controlled substance is
    14  discovered as a result of seeking immediate health care  as  defined  in
    15  paragraph  (b) of subdivision three of section 220.78 of [the penal law]
    16  this article, for either another person or him or herself  because  such
    17  person  is experiencing a drug or alcohol overdose or other life threat-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03536-01-9

        A. 1634                             2
     1  ening medical emergency as defined in paragraph (a) of subdivision three
     2  of section 220.78 of [the penal law] this article.
     3    § 2. Section 220.45 of the penal law is REPEALED.
     4    §  3.  Subdivision  2  of  section 850 of the general business law, as
     5  amended by chapter 812 of the laws  of  1980,  is  amended  to  read  as
     6  follows:
     7    2.  (a) "Drug-related paraphernalia" consists of the following objects
     8  used for the following purposes:
     9    [(a)] (i) Kits, used or designed for the purpose of  planting,  propa-
    10  gating, cultivating, growing or harvesting of any species of plant which
    11  is  a  controlled  substance or from which a controlled substance can be
    12  derived;
    13    [(b)] (ii) Kits, used or designed for the  purpose  of  manufacturing,
    14  compounding, converting, producing, or preparing controlled substances;
    15    [(c)] (iii) Isomerization devices, used or designed for the purpose of
    16  increasing  the  potency  of  any species of plant which is a controlled
    17  substance;
    18    [(d)] (iv) Scales and balances, used or designed for  the  purpose  of
    19  weighing or measuring controlled substances;
    20    [(e)]  (v)  Diluents  and  adulterants,  including  but not limited to
    21  quinine hydrochloride, mannitol, mannite, dextrose and lactose, used  or
    22  designed for the purpose of cutting controlled substances;
    23    [(f)] (vi) Separation gins, used or designed for the purpose of remov-
    24  ing twigs and seeds in order to clean or refine marihuana;
    25    [(g)  Hypodermic syringes, needles and other objects, used or designed
    26  for the purpose of parenterally injecting controlled substances into the
    27  human body;
    28    (h)] and
    29    (vii) Objects, used or designed for the purpose of  ingesting,  inhal-
    30  ing,  or  otherwise  introducing marihuana, cocaine, hashish, or hashish
    31  oil into the human body.
    32    (b) "Drug-related paraphernalia" shall not include hypodermic needles,
    33  hypodermic syringes and other objects used for the purpose of  parenter-
    34  ally injecting controlled substances into the human body.
    35    §  4. Section 3381 of the public health law, as amended by section 9-a
    36  of part B of chapter 58 of the laws of 2007, subdivisions 1, 2 and 3  as
    37  amended  by chapter 178 of the laws of 2010, paragraphs (e), (f) and (g)
    38  of subdivision 5 as amended by section 2 of part D of chapter 71 of  the
    39  laws of 2016, is amended to read as follows:
    40    §  3381.  Sale  and  possession  of hypodermic syringes and hypodermic
    41  needles. 1. It shall be unlawful for any person to sell  or  furnish  to
    42  another  person  or  persons,  a hypodermic syringe or hypodermic needle
    43  except:
    44    (a) pursuant to a  prescription  of  a  practitioner,  which  for  the
    45  purposes  of  this section shall include a patient specific prescription
    46  form as provided for in the education law; or
    47    (b) to persons who have been authorized by the commissioner to  obtain
    48  and possess such instruments; or
    49    (c)  by  a pharmacy licensed under article one hundred thirty-seven of
    50  the education law, health care facility licensed under  article  twenty-
    51  eight  of  this  chapter  or a health care practitioner who is otherwise
    52  authorized to prescribe the use of hypodermic needles or syringes within
    53  his or her scope of practice;  provided,  however,  that  such  sale  or
    54  furnishing:  (i)  shall  only  be  to  a person eighteen years of age or
    55  older; and (ii) [shall be limited to a quantity of ten or less hypoderm-

        A. 1634                             3

     1  ic needles or syringes; and (iii)] shall be in accordance with  subdivi-
     2  sion [five] four of this section[.] ; or
     3     (d) under subdivision three of this section.
     4    2.  [It  shall be unlawful for any person to obtain or possess a hypo-
     5  dermic syringe or hypodermic needle  unless  such  possession  has  been
     6  authorized  by  the commissioner or is pursuant to a prescription, or is
     7  pursuant to subdivision five of this section.
     8    3.] Any person selling or furnishing a hypodermic syringe or hypoderm-
     9  ic needle pursuant to a prescription shall record upon the prescription,
    10  his or her signature or electronic signature, and the date of  the  sale
    11  or  furnishing  of  the  hypodermic  syringe  or hypodermic needle. Such
    12  prescription shall be retained on file for a period of five years and be
    13  readily accessible for inspection by  any  public  officer  or  employee
    14  engaged  in  the  enforcement  of this section. Such prescription may be
    15  refilled not more than the number of times  specifically  authorized  by
    16  the  prescriber upon the prescription, provided however no such authori-
    17  zation shall be effective for a period greater than two years  from  the
    18  date the prescription is signed.
    19    [4]  3.  The commissioner shall, subject to subdivision [five] four of
    20  this section, designate persons, or by regulation,  classes  of  persons
    21  who  may  obtain  hypodermic  syringes  and  hypodermic  needles without
    22  prescription and the manner in which such transactions  may  take  place
    23  and the records thereof which shall be maintained.
    24    [5]  4.    (a)  A person eighteen years of age or older may obtain and
    25  possess a hypodermic syringe or hypodermic needle pursuant to  paragraph
    26  (c) of subdivision one of this section.
    27    (b)  Subject  to  regulations of the commissioner, a pharmacy licensed
    28  under article one hundred thirty-seven of the education  law,  a  health
    29  care  facility  licensed under article twenty-eight of this chapter or a
    30  health care practitioner who is otherwise authorized  to  prescribe  the
    31  use  of  hypodermic needles or syringes within his or her scope of prac-
    32  tice, may obtain and possess hypodermic  needles  or  syringes  for  the
    33  purpose  of  selling  or  furnishing  them  pursuant to paragraph (c) of
    34  subdivision one of this section or  for  the  purpose  of  disposing  of
    35  them[,  provided that such pharmacy, health care facility or health care
    36  practitioner has registered with the department].
    37    (c) Sale or furnishing of hypodermic syringes or hypodermic needles to
    38  direct consumers pursuant to this subdivision by a pharmacy, health care
    39  facility, or health care practitioner shall be accompanied by  a  safety
    40  insert. Such safety insert shall be developed or approved by the commis-
    41  sioner  and shall include, but not be limited to, (i) information on the
    42  proper use of hypodermic syringes and hypodermic needles; (ii) the  risk
    43  of  blood  borne  diseases  that  may  result from the use of hypodermic
    44  syringes and hypodermic needles; (iii) methods for preventing the trans-
    45  mission or contraction of blood borne diseases; (iv)  proper  hypodermic
    46  syringe and hypodermic needle disposal practices; (v) information on the
    47  dangers  of injection drug use, and how to access drug treatment; (vi) a
    48  toll-free phone number for information  on  the  human  immunodeficiency
    49  virus; and (vii) information on the safe disposal of hypodermic syringes
    50  and hypodermic needles including the relevant provisions of the environ-
    51  mental  conservation  law  relating to the unlawful release of regulated
    52  medical waste. The safety insert shall be attached to or included in the
    53  hypodermic syringe and hypodermic needle packaging, or shall be given to
    54  the purchaser at the point of sale or furnishing in brochure form.
    55    (d) In addition to the requirements of paragraph  (c)  of  subdivision
    56  one of this section, a pharmacy licensed under article one hundred thir-

        A. 1634                             4
     1  ty-seven  of the education law may sell or furnish hypodermic needles or
     2  syringes only if such pharmacy[: (i) does not advertise  to  the  public
     3  the  availability for retail sale or furnishing of hypodermic needles or
     4  syringes  without  a  prescription; and (ii) at any location where hypo-
     5  dermic needles or syringes are kept  for  retail  sale  or  furnishing,]
     6  stores  such  needles and syringes in a manner that makes them available
     7  only to authorized personnel and not openly available to customers.
     8    (e) A pharmacy registered under article one  hundred  thirty-seven  of
     9  the  education law may offer counseling and referral services to custom-
    10  ers purchasing  hypodermic  syringes  for  the  purpose  of:  preventing
    11  injection  drug  abuse;  the provision of drug treatment; preventing and
    12  treating hepatitis C; preventing drug overdose; testing  for  the  human
    13  immunodeficiency  virus; and providing pre-exposure prophylaxis and non-
    14  occupational post-exposure prophylaxis. The content of  such  counseling
    15  and referral shall be at the professional discretion of the pharmacist.
    16    (f)  The commissioner shall promulgate rules and regulations necessary
    17  to implement the provisions of this subdivision which shall include: (i)
    18  standards for advertising to the public the availability for retail sale
    19  or furnishing of hypodermic syringes or needles; and (ii) a  requirement
    20  that such pharmacies, health care facilities and health care practition-
    21  ers cooperate in a safe disposal of used hypodermic needles or syringes.
    22    (g)  The  commissioner  may,  upon  the finding of a violation of this
    23  section, suspend for a determinate period of time the sale or furnishing
    24  of syringes by a specific entity.
    25    [6] 5.  The provisions of this section  shall  not  apply  to  farmers
    26  engaged  in  livestock  production or to those persons supplying farmers
    27  engaged in livestock production, provided that:
    28    (a) Hypodermic syringes and needles  shall  be  stored  in  a  secure,
    29  locked storage container.
    30    (b) At any time the department may request a document outlining:
    31    (i)  the  number of hypodermic needles and syringes purchased over the
    32  past calendar year;
    33    (ii) a record of all hypodermic needles used over  the  past  calendar
    34  year; and
    35    (iii)  a  record of all hypodermic needles and syringes destroyed over
    36  the past calendar year.
    37    (c) Hypodermic needles and syringes shall be  destroyed  in  a  manner
    38  consistent with the provisions set forth in section thirty-three hundred
    39  eighty-one-a of this article.
    40    § 5. This act shall take effect immediately.
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