ASSEMBLY, No. 1088

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman  REED GUSCIORA

District 15 (Mercer)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman  CRAIG J. COUGHLIN

District 19 (Middlesex)

 

Co-Sponsored by:

Assemblywomen Voss, Tucker, Quigley and Assemblyman Giblin

 

 

 

 

SYNOPSIS

     Permits limited pharmacy sales of syringes and needles without a prescription.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning the sale and possession of hypodermic syringes and needles, supplementing Title 2C of the New Jersey Statutes and Title 45 of the Revised Statutes, and repealing N.J.S.2C:36-6.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Notwithstanding any State law, rule or regulation to the contrary, a licensed pharmacy may sell a hypodermic syringe or needle, or any other instrument adapted for the administration of drugs by injection, to a person over 18 years of age as follows:

     (1)   without a prescription if sold in quantities of 10 or fewer; and

     (2)   pursuant to a prescription issued by a person authorized to prescribe under State law if sold in quantities of more than 10.

     b.    Notwithstanding any State law, rule or regulation to the contrary, possession of a hypodermic syringe or needle pursuant to paragraph (1) of subsection a. of this section shall not constitute an offense pursuant to N.J.S.2C:36-1 et seq.

     c.     A person who purchases a hypodermic syringe or needle pursuant to subsection a. of this section and sells that needle or syringe to another person is guilty of a crime of the fourth degree.

 

     2.    A pharmacy that sells hypodermic syringes or needles, or any other instrument adapted for the administration of drugs by injection, shall do so in accordance with the provisions of section 1 of P.L.     , c.    (C.   ) (pending before the Legislature as this bill) and shall:

     a.     keep its supply of such instruments under or behind the sales counter and accessible only to a person standing behind the sales counter; and

     b.    make available to each person who purchases any such instrument, at the time of purchase, information, which shall be provided in English or Spanish as appropriate to the purchaser, about:

     (1)   the safe disposal of the instrument, including local disposal locations or a telephone number to call for that information; and

     (2)   drug addiction treatment, including a telephone number to call for assistance in obtaining treatment.

 

     3.    The New Jersey State Board of Pharmacy, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of section 2 of P.L.  , c.  (C.   ) (pending before the Legislature as this bill).

 

     4.    N.J.S.2C:36-6 is repealed.

     5.    This act shall take effect on the 180th day after enactment, except that the New Jersey State Board of Pharmacy may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

 

 

STATEMENT

 

     This bill permits the limited sale by pharmacies of hypodermic syringes and needles without a prescription in order to make these instruments more accessible to New Jersey residents seeking to protect their own health, and to prevent the spread of HIV/AIDS, hepatitis C and other bloodborne diseases.

     Specifically, the bill provides that:

     --  A licensed pharmacy may sell a hypodermic syringe or needle, or any other instrument adapted for the administration of drugs by injection, to a person over 18 years of age as follows:

     (1) without a prescription if sold in quantities of 10 or fewer; and

     (2)  pursuant to a prescription issued by a person authorized to prescribe under State law if sold in quantities of more than 10.

     --  Notwithstanding any State law, rule or regulation to the contrary, possession of a hypodermic syringe or needle without a prescription pursuant to this bill would not be a violation of N.J.S.A.2C:36-1 et seq.

     --  A person who purchases a hypodermic syringe or needle pursuant to this bill and sells that needle or syringe to another person is guilty of a crime of the fourth degree (which is punishable by imprisonment for up to 18 months, or a fine of up to $10,000, or both).

     --  A pharmacy that sells hypodermic syringes or needles, or any other instrument adapted for the administration of drugs by injection, must do so in accordance with the provisions of this bill and is required to:

     a.  keep its supply of such instruments under or behind the sales counter and accessible only to a person standing behind the sales counter; and

     b.  make available to each person who purchases any such instrument, at the time of purchase, information, which is to be provided in English or Spanish as appropriate to the purchaser, about:

     (1)  the safe disposal of the instrument, including local disposal locations or a telephone number to call for that information; and

     (2)  drug addiction treatment, including a telephone number to call for assistance in obtaining treatment.

     The State Board of Pharmacy is directed to adopt rules and regulations to carry out the provisions of the bill.

     In addition, the bill repeals N.J.S.A.2C:36-6 (concerning restrictions on the possession and use of a hypodermic syringe or needle without a valid prescription).

     Finally, the bill takes effect on the 180th day after enactment but authorizes the State Board of Pharmacy to take anticipatory administrative action in advance as necessary for its implementation.