Section 3381. Sale and possession of hypodermic syringes and hypodermic needles

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; (ii) shall be  limited  to  a  quantity  of  ten  or  less
  hypodermic  needles  or  syringes; and (iii) shall be in accordance with
  subdivision five of this section.
    2. It shall be  unlawful  for  any  person  to  obtain  or  possess  a
  hypodermic  syringe or hypodermic needle unless such possession has been
  authorized by the commissioner or is pursuant to a written prescription,
  or is pursuant to subdivision five of this section.
    3. Any person selling or furnishing a hypodermic syringe or hypodermic
  needle pursuant to a prescription shall record  upon  the  face  of  the
  prescription,  over his signature, the date of the sale or furnishing of
  the hypodermic syringe or hypodermic needle. Such prescription shall  be
  retained  on  file  for a period of five years and be readily accessible
  for inspection  by  any  public  officer  or  employee  engaged  in  the
  enforcement  of this section. Such prescription may be refilled not more
  than the number of times specifically authorized by the prescriber  upon
  the  prescription,  provided  however  no  such  authorization  shall be
  effective for a  period  greater  than  two  years  from  the  date  the
  prescription is signed.
    4.  The  commissioner  shall,  subject  to  subdivision  five  of this
  section, designate persons, or by regulation, classes of persons who may
  obtain hypodermic syringes and hypodermic needles  without  prescription
  and the manner in which such transactions may take place and the records
  thereof which shall be maintained.
    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
  practice, 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
  practitioner 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
  commissioner  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 transmission 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  environmental  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
  thirty-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
  hypodermic 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) 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 hypodermic needles or
  syringes.
    (f) 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.
    6.  The  provisions of this section shall not apply to farmers engaged
  in livestock production or to those persons supplying farmers engaged in
  livestock production, provided that:
    (a) Hypodermic syringes and needles  shall  be  stored  in  a  secure,
  locked storage container.
    (b) At any time the department may request a document outlining:
    (i)  the  number of hypodermic needles and syringes purchased over the
  past calendar year;
    (ii) a record of all hypodermic needles used over  the  past  calendar
  year; and
    (iii)  a  record of all hypodermic needles and syringes destroyed over
  the past calendar year.
    (c) Hypodermic needles and syringes shall be  destroyed  in  a  manner
  consistent with the provisions set forth in section thirty-three hundred
  eighty-one-a of this article.