Report Title:
Communicable Diseases; Syringes
Description:
Authorizes pharmacists and health care providers to sell sterile syringes for the purpose of preventing the transmission of disease. Requires the Department of Health to develop and implement a system to track and safely dispose of syringes. (SB1121 HD1)
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THE SENATE |
S.B. NO. |
1121 |
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TWENTY-FIRST LEGISLATURE, 2001 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE SALE OF STERILE SYRINGES FOR THE PREVENTION OF
DISEASE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 325, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§325- Sale of sterile syringes for the prevention of disease. (a) A pharmacist licensed under chapter 461, physician as defined in section 327E-2, health care provider as defined in section 327E-2, or authorized agent of a pharmacy as defined in section 461-1, or of a health care institution as defined in section 327E-2 operating under the direction of a licensed pharmacist or physician may sell sterile hypodermic syringes in a pharmacy, physician's office, or health care institution for the purpose of preventing the transmission of dangerous blood-borne diseases. The seller shall make available written educational material approved by the department of health about prevention of blood-borne diseases, drug treatment, and safe disposal of used syringes at sites where syringes are sold.
(b) The sale of sterile hypodermic syringes pursuant to this section shall not constitute an offense under section 329-43.5 for a person authorized by this section to sell sterile hypodermic syringes or the buyer.
(c) Nothing in this section provides immunity from prosecution to any person for violation of any law prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled substances, dangerous drugs, detrimental drugs, or harmful drugs. Nothing in this section provides immunity from prosecution to any person for violation of sections 329-41, 329-42, or 712-1241 through 712-1249.6.
(d) The department of health shall produce and make available to pharmacies, physicians' offices, and health care institutions written educational material about prevention of blood-borne diseases, drug treatment, and safe disposal of used syringes for distribution in accordance with the requirements of this section.
(e) For purposes of this section, "sell" or "sale" means to transfer to another for value or consideration."
SECTION 2. The director of health shall:
(1) Develop and implement a system of disposing of used syringes received from the public;
(2) Develop and implement a system of tracking syringes purchased in accordance with this Act that are exchanged for new syringes under the state needle exchange program; and
(3) Submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2002 on the status of implementing the disposal and tracking systems.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval; provided that section 1 shall take effect on July 1, 2002, and shall be repealed on July 1, 2004.