Bill Text: NY S01082 | 2017-2018 | 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 8-0)
Status: (Introduced - Dead) 2018-05-15 - DEFEATED IN CODES [S01082 Detail]
Download: New_York-2017-S01082-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1082 2017-2018 Regular Sessions IN SENATE January 6, 2017 ___________ Introduced by Sens. RIVERA, AVELLA, HOYLMAN, KRUEGER, MONTGOMERY, PARK- ER, SERRANO, SQUADRON -- read twice and ordered printed, and when printed to be committed 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 section10thirty-three hundred eighty-one of the public health law, which includes11the state's syringe exchange and pharmacy and medical provider-based12expanded 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- 18 ening medical emergency as defined in paragraph (a) of subdivision three 19 of section 220.78 of [the penal law] this article. 20 § 2. Section 220.45 of the penal law is REPEALED. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02118-01-7S. 1082 2 1 § 3. Subdivision 2 of section 850 of the general business law, as 2 amended by chapter 812 of the laws of 1980, is amended to read as 3 follows: 4 2. (a) "Drug-related paraphernalia" consists of the following objects 5 used for the following purposes: 6 [(a)] (i) Kits, used or designed for the purpose of planting, propa- 7 gating, cultivating, growing or harvesting of any species of plant which 8 is a controlled substance or from which a controlled substance can be 9 derived; 10 [(b)] (ii) Kits, used or designed for the purpose of manufacturing, 11 compounding, converting, producing, or preparing controlled substances; 12 [(c)] (iii) Isomerization devices, used or designed for the purpose of 13 increasing the potency of any species of plant which is a controlled 14 substance; 15 [(d)] (iv) Scales and balances, used or designed for the purpose of 16 weighing or measuring controlled substances; 17 [(e)] (v) Diluents and adulterants, including but not limited to 18 quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or 19 designed for the purpose of cutting controlled substances; 20 [(f)] (vi) Separation gins, used or designed for the purpose of remov- 21 ing twigs and seeds in order to clean or refine marihuana; 22 [(g) Hypodermic syringes, needles and other objects, used or designed23for the purpose of parenterally injecting controlled substances into the24human body;25(h)] and 26 (vii) Objects, used or designed for the purpose of ingesting, inhal- 27 ing, or otherwise introducing marihuana, cocaine, hashish, or hashish 28 oil into the human body. 29 (b) "Drug-related paraphernalia" shall not include hypodermic needles, 30 hypodermic syringes and other objects used for the purpose of parenter- 31 ally injecting controlled substances into the human body. 32 § 4. Section 3381 of the public health law, as amended by section 9-a 33 of part B of chapter 58 of the laws of 2007, subdivisions 1, 2 and 3 as 34 amended by chapter 178 of the laws of 2010, paragraphs (e), (f) and (g) 35 of subdivision 5 as amended by section 2 of part D of chapter 71 of the 36 laws of 2016, is amended to read as follows: 37 § 3381. Sale and possession of hypodermic syringes and hypodermic 38 needles. 1. It shall be unlawful for any person to sell or furnish to 39 another person or persons, a hypodermic syringe or hypodermic needle 40 except: 41 (a) pursuant to a prescription of a practitioner, which for the 42 purposes of this section shall include a patient specific prescription 43 form as provided for in the education law; or 44 (b) to persons who have been authorized by the commissioner to obtain 45 and possess such instruments; or 46 (c) by a pharmacy licensed under article one hundred thirty-seven of 47 the education law, health care facility licensed under article twenty- 48 eight of this chapter or a health care practitioner who is otherwise 49 authorized to prescribe the use of hypodermic needles or syringes within 50 his or her scope of practice; provided, however, that such sale or 51 furnishing: (i) shall only be to a person eighteen years of age or 52 older; and (ii) [shall be limited to a quantity of ten or less hypoderm-53ic needles or syringes; and (iii)] shall be in accordance with subdivi- 54 sion [five] four of this section[.] ; or 55 (d) under subdivision three of this section.S. 1082 3 1 2. [It shall be unlawful for any person to obtain or possess a hypo-2dermic syringe or hypodermic needle unless such possession has been3authorized by the commissioner or is pursuant to a prescription, or is4pursuant to subdivision five of this section.53.] Any person selling or furnishing a hypodermic syringe or hypoderm- 6 ic needle pursuant to a prescription shall record upon the prescription, 7 his or her signature or electronic signature, and the date of the sale 8 or furnishing of the hypodermic syringe or hypodermic needle. Such 9 prescription shall be retained on file for a period of five years and be 10 readily accessible for inspection by any public officer or employee 11 engaged in the enforcement of this section. Such prescription may be 12 refilled not more than the number of times specifically authorized by 13 the prescriber upon the prescription, provided however no such authori- 14 zation shall be effective for a period greater than two years from the 15 date the prescription is signed. 16 [4] 3. The commissioner shall, subject to subdivision [five] four of 17 this section, designate persons, or by regulation, classes of persons 18 who may obtain hypodermic syringes and hypodermic needles without 19 prescription and the manner in which such transactions may take place 20 and the records thereof which shall be maintained. 21 [5] 4. (a) A person eighteen years of age or older may obtain and 22 possess a hypodermic syringe or hypodermic needle pursuant to paragraph 23 (c) of subdivision one of this section. 24 (b) Subject to regulations of the commissioner, a pharmacy licensed 25 under article one hundred thirty-seven of the education law, a health 26 care facility licensed under article twenty-eight of this chapter or a 27 health care practitioner who is otherwise authorized to prescribe the 28 use of hypodermic needles or syringes within his or her scope of prac- 29 tice, may obtain and possess hypodermic needles or syringes for the 30 purpose of selling or furnishing them pursuant to paragraph (c) of 31 subdivision one of this section or for the purpose of disposing of 32 them[, provided that such pharmacy, health care facility or health care33practitioner has registered with the department]. 34 (c) Sale or furnishing of hypodermic syringes or hypodermic needles to 35 direct consumers pursuant to this subdivision by a pharmacy, health care 36 facility, or health care practitioner shall be accompanied by a safety 37 insert. Such safety insert shall be developed or approved by the commis- 38 sioner and shall include, but not be limited to, (i) information on the 39 proper use of hypodermic syringes and hypodermic needles; (ii) the risk 40 of blood borne diseases that may result from the use of hypodermic 41 syringes and hypodermic needles; (iii) methods for preventing the trans- 42 mission or contraction of blood borne diseases; (iv) proper hypodermic 43 syringe and hypodermic needle disposal practices; (v) information on the 44 dangers of injection drug use, and how to access drug treatment; (vi) a 45 toll-free phone number for information on the human immunodeficiency 46 virus; and (vii) information on the safe disposal of hypodermic syringes 47 and hypodermic needles including the relevant provisions of the environ- 48 mental conservation law relating to the unlawful release of regulated 49 medical waste. The safety insert shall be attached to or included in the 50 hypodermic syringe and hypodermic needle packaging, or shall be given to 51 the purchaser at the point of sale or furnishing in brochure form. 52 (d) In addition to the requirements of paragraph (c) of subdivision 53 one of this section, a pharmacy licensed under article one hundred thir- 54 ty-seven of the education law may sell or furnish hypodermic needles or 55 syringes only if such pharmacy[: (i) does not advertise to the public56the availability for retail sale or furnishing of hypodermic needles orS. 1082 4 1syringes without a prescription; and (ii) at any location where hypo-2dermic needles or syringes are kept for retail sale or furnishing,] 3 stores such needles and syringes in a manner that makes them available 4 only to authorized personnel and not openly available to customers. 5 (e) A pharmacy registered under article one hundred thirty-seven of 6 the education law may offer counseling and referral services to custom- 7 ers purchasing hypodermic syringes for the purpose of: preventing 8 injection drug abuse; the provision of drug treatment; preventing and 9 treating hepatitis C; preventing drug overdose; testing for the human 10 immunodeficiency virus; and providing pre-exposure prophylaxis and non- 11 occupational post-exposure prophylaxis. The content of such counseling 12 and referral shall be at the professional discretion of the pharmacist. 13 (f) The commissioner shall promulgate rules and regulations necessary 14 to implement the provisions of this subdivision which shall include: (i) 15 standards for advertising to the public the availability for retail sale 16 or furnishing of hypodermic syringes or needles; and (ii) a requirement 17 that such pharmacies, health care facilities and health care practition- 18 ers cooperate in a safe disposal of used hypodermic needles or syringes. 19 (g) The commissioner may, upon the finding of a violation of this 20 section, suspend for a determinate period of time the sale or furnishing 21 of syringes by a specific entity. 22 [6] 5. The provisions of this section shall not apply to farmers 23 engaged in livestock production or to those persons supplying farmers 24 engaged in livestock production, provided that: 25 (a) Hypodermic syringes and needles shall be stored in a secure, 26 locked storage container. 27 (b) At any time the department may request a document outlining: 28 (i) the number of hypodermic needles and syringes purchased over the 29 past calendar year; 30 (ii) a record of all hypodermic needles used over the past calendar 31 year; and 32 (iii) a record of all hypodermic needles and syringes destroyed over 33 the past calendar year. 34 (c) Hypodermic needles and syringes shall be destroyed in a manner 35 consistent with the provisions set forth in section thirty-three hundred 36 eighty-one-a of this article. 37 § 5. This act shall take effect immediately.