SENATE, No. 92
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator LIPMAN
An Act concerning hypodermic needles and syringes, amending N.J.S.2C:36-6 and P.L.1980, c.133 and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:36-6 is amended to read as follows:
2C:36-6. Except as otherwise authorized by law, it shall be unlawful for a person to have under his control or possess with intent to use [a] ,in a quantity greater than 10, hypodermic [syringe] syringes, hypodermic [needle] needles or any other [instrument] instruments adapted for the use of a controlled dangerous substance or a controlled substance analog as defined in chapter 35 of this title or to sell, furnish or give to any person such [syringe, needle or instrument] syringes, needles or instruments. Any person who violates this section is guilty of a disorderly persons offense.
Hypodermic syringes, hypodermic needles and instruments adapted for the use of a controlled dangerous substance or a controlled substance analog as defined in chapter 35 of this title are not "drug paraphernalia" as defined pursuant to N.J.S.2C:36-1.
(cf: P.L.1987, c.106, s.2)
2. Section 6 of P.L.1980, c.133 (C.24:21-51) is amended to read as follows:
6. a. No person shall sell, furnish, or give to any person or persons other than a duly licensed physician, dentist, veterinarian, undertaker, nurse, podiatrist, registered pharmacist, or a hospital, sanitarium, clinical laboratory or any other medical institution, or a State or governmental agency, or a regular dealer in medical, dental or surgical supplies, or a resident physician or intern of a hospital, sanitarium or other medical institution, in a quantity greater than 10, an instrument commonly known as a hypodermic syringe, hypodermic needle or any instrument adapted for the use of controlled dangerous substances as defined in P.L.1970, c.226 (C.24:21-1 et seq.) by subcutaneous injections without a prescription of a duly licensed physician, dentist or veterinarian. Such prescription shall contain the name and address of the patient, the description of the instrument prescribed and the number of instruments prescribed.
b. Every person who disposes of, or sells, or furnishes, or gives away [a] , in a quantity greater than 10, hypodermic [syringe] syringes or [a] hypodermic [needle] needles or [an instrument] instruments adapted for the use of controlled dangerous substances by subcutaneous injections, upon the prescription of a duly licensed physician, dentist, or veterinarian, shall record the date of the sale or furnishing of the [instrument] instruments. This prescription shall be retained on file for a period of two years and shall be open to inspection by any public officer or employee engaged in the enforcement of this section. A prescription filed in accordance with this section shall be sufficient authority, without the necessity of a renewal or reissuance, to permit subsequent sales or the furnishing of hypodermic syringes or hypodermic needles or instruments adapted for the use of controlled dangerous substances by subcutaneous injections to the person to whom the prescription was issued, for a period of six months from the date of its original issuance.
c. It shall be unlawful for any person or persons, except a duly licensed physician, dentist, veterinarian, nurse, podiatrist, hospital, sanitarium or other medical institution, or a resident physician or intern of a hospital, sanitarium or other medical institution, to have under control or possess [a] , in a quantity greater than 10, hypodermic [syringe] syringes, hypodermic [needle] needles or any other [instrument] instruments adapted for the use of controlled dangerous substances by subcutaneous injections with intent to use such [syringe, needle or instrument] syringes, needles or instruments for such purpose, unless such possession be obtained upon a valid prescription form, and such use be authorized or directed by a duly licensed physician or veterinarian. For the purposes of this subsection, no such prescription shall be valid which has been outstanding for more than six months.
d. Any person who violates this section is guilty of a disorderly persons offense.
e. Hypodermic syringes and needles in a quantity of 10 or less may be provided or sold at retail without a prescription only by a registered pharmacist or a health care practitioner for use by his own patients.
(cf: P.L.1986, c.75, s.2)
3. (New Section) The Department of Health shall:
a. Prepare an informational pamphlet in English and Spanish which describes the proper disposal of used hypodermic syringes and needles and make a supply of pamphlets available to pharmacies and to community health outreach workers;
b. Promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) that would establish a plan for the proper disposal of used hypodermic syringes and needles permitted to be sold by registered pharmacists in a quantity of 10 or less under subsection e. of section 6 of P.L.1980, c.133 (C.24:21-51).
4. This act shall take effect 180 days after enactment.
STATEMENT
This bill would permit hypodermic syringes and needles, in quantities of 10 or less, to be sold without prescriptions at pharmacies. It would also amend the law concerning drug paraphernalia by legalizing the possession of hypodermic syringes and needles, in quantities of 10 or less, that are not contaminated with illegal drugs.
This bill is modeled on a 1992 Connecticut law. A study that evaluated the effect of this law found that over a year after the law had taken effect, an estimated 83% of all Connecticut pharmacies were selling nonprescription hypodermic syringes and needles. More importantly, the study concluded that there was a significant decrease in multi-person use of hypodermic syringes and needles after the law went into effect. The study found that this represented a substantial reduction in risk that could lead directly to a decrease in the transmission of the human immunodeficiency virus (HIV), since the sharing of hypodermic syringes and needles is a major mechanism for the transmission of HIV.
New Jersey ranks fifth in the nation with reported acquired immunodeficiency syndrome (AIDS) cases. Approximately 52% of those AIDS cases are a result of injection drug use with contaminated needles. In light of the data from Connecticut, the deregulation of hypodermic needles and syringes in New Jersey would be a useful element of a comprehensive HIV prevention strategy.
The bill also requires that the Department of Health prepare informational pamphlets in English and Spanish that would explain the proper disposal of used hypodermic syringes and needles. These pamphlets would then be made available to pharmacies and community health outreach workers. In addition, the department will be required to promulgate regulations to establish a plan for the proper disposal of used hypodermic syringes and needles which may be sold by pharmacists in quantities of 10 or less pursuant to this bill.
Unlike needle exchange programs, this HIV prevention strategy would not require the appropriation of any State funds, except for the costs of the printing and distribution of the informational pamphlet. The injection drug users, themselves, would purchase the hypodermic needles and syringes.
It is the intent of the sponsor that anyone who possesses, sells, furnishes or gives to any person a hypodermic syringe, needle or instrument shall not be guilty of the crime of complicity pursuant to N.J.S.2C:2-6.
Deregulates the sale and possession of hypodermic needles and syringes.