S832-2013 Actions

• Jan 9, 2013: REFERRED TO HEALTH

S832-2013 Memo

BILL NUMBER:S832

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
immediately.

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.

JUSTIFICATION:
More than 3,000 pharmacies, health care facilities 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 EBAP.
This program makes syringes available without 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. EBAP providers sell two to three million
non-prescription
syringes a year and the need for unrestricted 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
advertising; (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 individuals in rural regions of the State,
removing this restriction will facilitate access, particularly when
it may be difficult or time-consuming to get to a pharmacy to
purchase or dispose of used syringes.

This bill would also permit pharmacies to advertise the availability
of syringes to the public. Of the 3,300 pharmacies, health care
facilities 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
advertising can supplement the efforts of DOH to promote ESAP and
provide consumers with access to information that they need to make
informed choices.

LEGISLATIVE HISTORY:
2011-12: S.5312 - Died in Health

FISCAL 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.

S832-2013 Text

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

                                     832

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  PARKER -- 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 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, subdivision 1 as amended by chapter 178 of the  laws  of  2010  and
  subdivision  5  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  prescription  of  a  practitioner, which for the
  purposes of this section shall include a patient  specific  prescription
  form as provided for in the education law; 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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02913-01-3

 S. 832                              2

    (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,
  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] THE  safe  disposal  of  used
  hypodermic 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.