Bill Text: NY S02523 | 2021-2022 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Passed) 2021-10-07 - SIGNED CHAP.433 [S02523 Detail]

Download: New_York-2021-S02523-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2523

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 21, 2021
                                       ___________

        Introduced  by  Sen.  RIVERA -- 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 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-
    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.
                                                                   LBD00186-01-1
        S. 2523                             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 designed
    23  for the purpose of parenterally injecting controlled substances into the
    24  human 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-
    53  ic 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. 2523                             3

     1    2.  [It  shall be unlawful for any person to obtain or possess a hypo-
     2  dermic syringe or hypodermic needle  unless  such  possession  has  been
     3  authorized  by  the commissioner or is pursuant to a prescription, or is
     4  pursuant to subdivision five of this section.
     5    3.] 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  care
    33  practitioner 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 public
    56  the availability for retail sale or furnishing of hypodermic needles  or
        S. 2523                             4

     1  syringes  without  a  prescription; and (ii) at any location where hypo-
     2  dermic 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.