Report Title:

Communicable Diseases; Syringes

 

Description:

Decriminalizes the sale of sterile syringes to persons who may use them for injection of illicit drugs. Requires the Director of Health to develop and implement: (1) A system of disposing used syringes; and (2) A system of monitoring newly-purchased syringes that enter the needle exchange program. Requires the Director of Health to report to the 2002 Legislature the status of devising the foregoing systems. Provides that the bill take effect on July 1, 2002 and be repealed on July 1, 2004. (HB646 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

646

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

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 to part I a new section to be appropriately designated and to read as follows:

"§325- Sale of sterile syringes for the prevention of disease. (a) The following may sell sterile hypodermic syringes in a pharmacy, physician's office, or health-care institution to prevent the transmission of blood-borne diseases:

    1. A pharmacist licensed under chapter 461;
    2. A physician as defined in section 327E-2;
    3. A health-care provider as defined in section 327E-2; or
    4. An 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.

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 by an authorized person pursuant to subsection (a) shall not constitute an offense under section 329-43.5.

(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 the prevention of blood-borne diseases, drug treatment, and safe disposal of used syringes in accordance with 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.