NY State Assembly Bill 2009-A10880

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 27, 2010	advanced to third reading cal.967
May 25, 2010	reported
Apr 28, 2010	referred to health

co-Sponsors

2009-A10880 (ACTIVE) - Details

See Senate Version of this Bill:: S7724
Law Section:: Public Health Law
Laws Affected:: Amd §3381, Pub Health L

2009-A10880 (ACTIVE) - Summary

Relates to hypodermic syringes.

2009-A10880 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10880

TITLE  OF  BILL:   An act to amend the public health law, in relation to
hypodermic syringes

Purpose:  This bill would further the public health  objectives  of  the
Expanded  Syringe  Access  Program  (ESAP)  by repealing provisions that
limit the quantity of syringes that may be sold or furnished during  one
transaction to ten or fewer and prohibit pharmacies from advertising the
availability of these syringes to the public.

Summary  of Provisions:  Section 1 of the bill would amend Public Health
Law (PHL)  §  3381(1)  to  permit  pharmacies,  health  care  facilities
licensed  under  PHL  Article  28 and health care practitioners that are
authorized to sell or otherwise furnish hypodermic syringes  to  persons
without  a  prescription  to  provide more than ten syringes in a single
transaction.

Section 1 of the bill would  also  repeal  PHL  §  3381(5)(d)(i),  which
currently  prohibits pharmacies from advertising the retail availability
of syringes without a prescription.

Section 2 of the bill provides that the bill  would  take  effect  imme-
diately.

Existing  Law:  PHL § 3381 authorizes pharmacies, health care facilities

licensed under PHL Article 28, and health care  practitioners  otherwise
authorized  to prescribe syringes within their scope of practice to sell
or provide syringes without a prescription to persons who are  18  years
of  age  or  older  and  in  quantities of 10 or less per transaction. A
"safety insert" must  be  provided  each  time  a  syringe  is  sold  or
dispensed,  and  pharmacies that sell syringes may not advertise them to
the public.

Legislative History:  This is a new bill.

Statement in Support:  More than 3,000 pharmacies, health  care  facili-
ties  and  practitioners  have  registered with the Department of Health
(DOH) to sell or furnish syringes to those age 18  and  over  without  a
prescription under the ESAP. This program makes syringes available with-
out  a  prescription  and  promotes  the safe disposal of used syringes.
Research has shown this  program  effectively  reduces  transmission  of
blood-borne  pathogens  as  a result of needle sharing and reuse and may
increase safe disposal of used syringes.  ESAP  providers  sell  two  to
three  million  nonprescription  syringes  a year and the need for unre-
stricted access to syringes remains high. Only two states, Delaware  and
New Jersey, do not allow the sale of syringes without a prescription.

In  a  2003  report, the New York Academy of Medicine (NYAM) stated that
ESAP  "has  great  potential  to  prevent  transmission  of  blood-borne
diseases without any detrimental effect on syringe disposal, drug use or
crime."  NYAM's  recommendation  included:  (1)  enacting legislation to

allow the program to continue permanently (which occurred as part of the
2009-10 enacted budget); (2) lifting the restriction on pharmacy  adver-
tising;  (3)  continuing  education  and  outreach;  (4) continuing safe
syringe  disposal  education; and (5) expanding disposal options. At the
time of the program's extension  through  2007,  NYAM  again  noted  the
importance  of  syringe  access, indicating that expanded syringe access
"is critically important to stemming the spread of infectious  disease."
Numerous  studies  published  in peer-reviewed journals have attested to
the value of ESAP in reducing syringe sharing and re-use and  preventing
disease transmission.

This  bill  would  eliminate two restrictions on the sale of syringes to
further the objectives  of  ESAP.  First,  the  bill  would  remove  the
restriction  on  the  number  of syringes that may be sold or furnished,
leaving the matter to the discretion of the  individual  ESAP  provider.
The  current  limit of 10 syringes per transaction was first implemented
when ESAP was a demonstration project.  Removing  the  limitation  would
better serve individuals who use this program by ensuring that they have
enough  clean syringes to prevent reusing or sharing syringes. For indi-
viduals in rural regions of the State, removing  this  restriction  will
facilitate access, particularly when it may be difficult or time-consum-
ing to get to a pharmacy to purchase or dispose of used syringes.

Second,  the  bill would permit pharmacies to advertise the availability
of syringes to the public. Of the 3,300 pharmacies, health care  facili-
ties  and  practitioners  that have registered with DOH as part of ESAP,
more than 97 percent are pharmacies. The  public  health  function  that
they  serve  is  compromised if potential customers are unaware of which
pharmacies are registered ESAP providers. Appropriate pharmacy advertis-
ing can supplement the efforts  of  DOH  to  promote  ESAP  and  provide
consumers  with  access  to  information that they need to make informed
choices.

Budget Implications:   This bill is not anticipated  to  have  a  fiscal
impact to the State or any locality.

Effective Date:  This bill would take effect immediately.

2009-A10880 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10880

                          I N  A S S E M B L Y

                             April 28, 2010
                               ___________

Introduced  by  M. of A. GOTTFRIED, PAULIN -- (at request of the Depart-
  ment of Health) -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to hypodermic syring-
  es

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions 1 and 5 of section 3381 of the public health
law, as amended by section 9-a of part B of chapter 58 of  the  laws  of
2007, are amended to read as follows:
  1.  It  shall be unlawful for any person to sell or furnish to another
person or persons, a hypodermic syringe or hypodermic needle except:
  (a) pursuant to a written prescription of a practitioner; or
  (b) to persons who have been authorized by the commissioner to  obtain
and possess such instruments; or
  (c)  by  a pharmacy licensed under article one hundred thirty-seven of
the education law, health care facility licensed under  article  twenty-
eight  of  this  chapter  or a health care practitioner who is otherwise
authorized to prescribe the use of hypodermic needles or syringes within
his or her scope of practice;  provided,  however,  that  such  sale  or
furnishing:  (i)  shall  only  be  to  a person eighteen years of age or
older; AND (ii) [shall be limited to a quantity of ten or less hypoderm-
ic needles or syringes; and (iii)] shall be in accordance with  subdivi-
sion five of this section.
  5.  (a) A person eighteen years of age or older may obtain and possess
a hypodermic syringe or hypodermic needle pursuant to paragraph  (c)  of
subdivision one of this section.
  (b)  Subject  to  regulations of the commissioner, a pharmacy licensed
under article one hundred thirty-seven of the education  law,  a  health
care  facility  licensed under article twenty-eight of this chapter or a
health care practitioner who is otherwise authorized  to  prescribe  the
use  of  hypodermic needles or syringes within his or her scope of prac-
tice, may obtain and possess hypodermic  needles  or  syringes  for  the
purpose  of  selling  or  furnishing  them  pursuant to paragraph (c) of
subdivision one of this section or for the purpose of disposing of them,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16128-02-0

A. 10880                            2

provided that such pharmacy, health care facility or health care practi-
tioner has registered with the department.
  (c) Sale or furnishing of hypodermic syringes or hypodermic needles to
direct consumers pursuant to this subdivision by a pharmacy, health care
facility,  or  health care practitioner shall be accompanied by a safety
insert. Such safety insert shall be developed or approved by the commis-
sioner and shall include, but not be limited to, (i) information on  the
proper  use of hypodermic syringes and hypodermic needles; (ii) the risk
of blood borne diseases that may  result  from  the  use  of  hypodermic
syringes and hypodermic needles; (iii) methods for preventing the trans-
mission  or  contraction of blood borne diseases; (iv) proper hypodermic
syringe and hypodermic needle disposal practices; (v) information on the
dangers of injection drug use, and how to access drug treatment; (vi)  a
toll-free  phone  number  for  information on the human immunodeficiency
virus; and (vii) information on the safe disposal of hypodermic syringes
and hypodermic needles including the relevant provisions of the environ-
mental conservation law relating to the unlawful  release  of  regulated
medical waste. The safety insert shall be attached to or included in the
hypodermic syringe and hypodermic needle packaging, or shall be given to
the purchaser at the point of sale or furnishing in brochure form.
  [(d)]  In addition to the requirements of paragraph (c) of subdivision
one of this section, a pharmacy licensed under article one hundred thir-
ty-seven of the education law may sell or furnish hypodermic needles  or
syringes  only  if  such pharmacy[: (i) does not advertise to the public
the availability for retail sale or furnishing of hypodermic needles  or
syringes  without  a prescription; and (ii)] at any location where hypo-
dermic needles or syringes are  kept  for  retail  sale  or  furnishing,
stores  such  needles and syringes in a manner that makes them available
only to authorized personnel and not openly available to customers.
  [(e)] (D) The commissioner  shall  promulgate  rules  and  regulations
necessary  to  implement  the provisions of this subdivision which shall
include a requirement that such pharmacies, health care  facilities  and
health care practitioners cooperate in a safe disposal of used hypoderm-
ic needles or syringes.
  [(f)]  (E)  The  commissioner  may, upon the finding of a violation of
this section, suspend for a determinate  period  of  time  the  sale  or
furnishing of syringes by a specific entity.
  S 2. This act shall take effect immediately.

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Assembly Bill A10880

Sponsored By

Archive: Last Bill Status - On Floor Calendar

co-Sponsors

2009-A10880 (ACTIVE) - Details

2009-A10880 (ACTIVE) - Summary

2009-A10880 (ACTIVE) - Sponsor Memo

2009-A10880 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10880

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Sponsored By

GOTTFRIED

Archive: Last Bill Status - On Floor Calendar

co-Sponsors

Amy Paulin

Michael G. Miller

2009-A10880 (ACTIVE) - Details

2009-A10880 (ACTIVE) - Summary

2009-A10880 (ACTIVE) - Sponsor Memo

2009-A10880 (ACTIVE) - Bill Text download pdf

Comments