2017 New York Laws
PBH - Public Health
Article 33 - Controlled Substances
Title 7 - Offenses, Violations and Enforcement
3381 - Sale and Possession of Hypodermic Syringes and Hypodermic Needles.

  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  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; (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 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 prescription,
  his or her signature or electronic signature, and 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)  A  pharmacy  registered under article one hundred thirty-seven of
  the  education  law  may  offer  counseling  and  referral  services  to
  customers  purchasing hypodermic syringes for the purpose of: preventing
  injection drug abuse; the provision of drug  treatment;  preventing  and
  treating  hepatitis  C;  preventing drug overdose; testing for the human
  immunodeficiency  virus;  and  providing  pre-exposure  prophylaxis  and
  non-occupational   post-exposure   prophylaxis.   The  content  of  such
  counseling and referral shall be at the professional discretion  of  the
  pharmacist.
(f)  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.
(g)  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.