Section 1399-TT. Regulations

The commissioner shall make regulations, under
  this article, governing the use of sharps in health care for the purpose
  of:   preventing  sharps  injuries,  reducing  exposure  incidents,  and
  promoting the use of safer technologies which include engineered  sharps
  injury  protections.  Dentists licensed in this state, under title eight
  of the education law, shall be exempt from the  regulations  under  this
  article. Regulations under this article shall prohibit the use of sharps
  that  do  not  incorporate  engineered  sharps  injury  protections. The
  regulations may provide exceptions permitting the use of sharps  without
  engineered sharps injury protections under circumstances where:
    (a) appropriate engineered sharps are not available in the market;
    (b)  the use of sharps without engineered sharps injury protections is
  essential to the performance of a specific medical procedure; or
    (c) based on objective  product  evaluation,  sharps  with  engineered
  injury  protections  are  not  more  effective  in  preventing  exposure
  incidents than sharps without engineered injury protections.