Section 811. Procurement, use and possession of hypodermic syringes and needles by school personnel for educational purposes

1.  Notwithstanding  the  provisions  of section 220.45 of the penal law, it
  shall be lawful for authorized persons under  the  jurisdiction  of  the
  public  school authorities in a public school; or of the state education
  department;  or  of  the  governing  board  of  any  other   educational
  institution, the curriculum of which is registered by the department, to
  purchase,  acquire,  have  under  control,  possess  and  use hypodermic
  syringes and needles for instructional  or  other  educational  purposes
  provided  such  school authorities in the case of a school district, the
  appropriate superior officer in the case  of  the  department,  or  such
  governing  board  in  the case of other institutions, has filed with the
  commissioner of education and with the  state  department  of  health  a
  certificate  of  need  for such hypodermic needles which shall set forth
  the following:
    a. The legal designation and address of  the  school  district,  if  a
  public  school or if another school or institution, the name and address
  thereof, and the exact  location  where  such  hypodermic  syringes  and
  needles will be used and stored.
    b.  The  name  and  address of the chief administrative officer of the
  school or institution.
    c. The use proposed to be made of such hypodermic needles.
    d. The names of persons employed in the  school,  the  department,  or
  other  institution  authorized  to  have  custody  and/or  use  of  such
  hypodermic needles.
    e. The safeguards to be taken to prevent such instruments from falling
  into the hands of unauthorized persons.
    f. The disposition which will be made of unwanted or  broken  syringes
  and  needles.  In  the  case of the department such certificate shall be
  made and filed by the assistant commissioner under whose supervision the
  work involving the use of such hypodermic syringes or needles  is  done,
  and  a  duplicate  thereof  shall  be filed with the state department of
  health.
    2. Nothing contained in this section shall be construed to require the
  filing of such names by medical institutions, including but not  limited
  to,  public health centers, industrial clinics, diagnostic, treatment or
  research centers,  rehabilitation  facilities,  nursing  homes,  medical
  schools  or  colleges,  tuberculosis,  mental, chronic disease and other
  types  of  hospitals,  clinical  laboratories,  outpatient  departments,
  nurses  training  facilities  and central service facilities operated in
  conjunction with medical institutions.
    3. The commissioner,  after  consultation  with  the  commissioner  of
  health, shall make regulations for the administration of this section.