Report Title:

Communicable Diseases; Syringes

 

Description:

Decriminalizes the sale of sterile syringes to persons who may use them for injection of illicit drugs. (SD 1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

646

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

S.D. 1


 

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) 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 to 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. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.