New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A2800 Compare Versions

Only one version of the bill is available at this time.

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1	1	ASSEMBLY, No. 2800 STATE OF NEW JERSEY 220th LEGISLATURE INTRODUCED FEBRUARY 28, 2022
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3	3	ASSEMBLY, No. 2800
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7	7	STATE OF NEW JERSEY
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9	9	220th LEGISLATURE
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13	13	INTRODUCED FEBRUARY 28, 2022
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17	17	Sponsored by: Assemblyman HERB CONAWAY, JR. District 7 (Burlington) SYNOPSIS Requires pharmacies to sell hypodermic syringes and needles to any customer over the age of 18 and post sign concerning consumer right to purchase clean syringes and needles. CURRENT VERSION OF TEXT As introduced.
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21	21	Sponsored by:
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23	23	Assemblyman HERB CONAWAY, JR.
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25	25	District 7 (Burlington)
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35	35	SYNOPSIS
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37	37	Requires pharmacies to sell hypodermic syringes and needles to any customer over the age of 18 and post sign concerning consumer right to purchase clean syringes and needles.
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41	41	CURRENT VERSION OF TEXT
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43	43	As introduced.
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47	47	An Act concerning pharmacy sales of hypodermic syringes and needles and amending P.L.2011, c.183. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 1 of P.L.2011, c.183 (C.2C:36-6.2) is amended to read as follows: 1. a. Notwithstanding any State law, rule, or regulation to the contrary, a licensed pharmacy [may] shall 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 who presents valid photo identification to demonstrate proof of age or who otherwise satisfies the seller that he is over 18 years of age, as follows: (1) without a prescription if sold in quantities of between one and up to 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. A licensed pharmacy that provides hypodermic syringes or needles for sale shall also be required to: (1) maintain its supply of such instruments under or behind the pharmacy sales counter such that they are accessible only to a person standing behind a pharmacy sales counter; [and] (2) make available to each person who purchases any such instrument, at the time of purchase, information to be developed by the Department of Health to the purchaser, about: (a) the safe disposal of the instrument, including local disposal locations or a telephone number to call for that information; and (b) substance abuse treatment, including a telephone number to call for assistance in obtaining treatment; and (3) post a sign at the pharmacy sales counter advising that hypodermic syringes or needles may be purchased by a person over 18 years of age in quantities of 10 or fewer without a prescription, and that hypodermic syringes or needles may be purchased by a person over 18 years of age in quantities of more than 10 pursuant to a valid prescription. c. In addition to any other provision of law that may apply, 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 disorderly persons offense. d. The Department of Health, in consultation with the Department of Human Services and the New Jersey State Board of Pharmacy, may, pursuant to the "Administrative Procedure Act,"P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of subsection b. of this section. The Department of Health shall make the information that is to be developed pursuant to subsection b. of this section available to pharmacies and purchasers of hypodermic syringes or needles through its Internet website. (cf: P.L.2012, c.17, s.4) 2. This act shall take effect on the 60th day after the date of enactment. STATEMENT This bill requires pharmacies to sell hypodermic needles and syringes to any customer over the age of 18. Under current law, needles and syringes may be sold in quantities of up to 10 without a prescription, and in quantities of more than 10 only with a valid prescription. Current law provides that over-the-counter sales of needles and syringes is allowed, but not required. This bill will make such sales mandatory, and will additionally require pharmacies to post a sign at the pharmacy sales counter advising consumers of the right to purchase needles and syringes pursuant to the bill. The ability to purchase up to 10 hypodermic syringes or needles without a prescription first took effect in 2011, with the enactment of P.L.2011, c.183 (C.2C:36-6.2 et seq.). The 2011 law was designed both to facilitate access to individuals who use syringes or needles to administer medication, such as diabetic insulin users, as well as to help make clean syringes and needles available to intravenous drug users, thereby helping prevent the spread of bloodborne diseases such as the human immunodeficiency virus (HIV) and the hepatitis C virus (HCV). Under the 2011 law, pharmacies selling needles and syringes are required to make information concerning the safe disposal of used syringes and needles and information concerning substance abuse treatment available to all purchasers. It is the sponsor's belief that requiring pharmacies to sell hypodermic syringes and needles to any consumer over the age of 18 and to a post a sign notifying consumers of their rights with regard to purchasing clean hypodermic syringes and needles will help promote the public health interests that the original 2011 law sought to advance.
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49	49	An Act concerning pharmacy sales of hypodermic syringes and needles and amending P.L.2011, c.183.
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53	53	Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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57	57	1. Section 1 of P.L.2011, c.183 (C.2C:36-6.2) is amended to read as follows:
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59	59	1. a. Notwithstanding any State law, rule, or regulation to the contrary, a licensed pharmacy [may] shall 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 who presents valid photo identification to demonstrate proof of age or who otherwise satisfies the seller that he is over 18 years of age, as follows:
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61	61	(1) without a prescription if sold in quantities of between one and up to 10 [or fewer]; and
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63	63	(2) pursuant to a prescription issued by a person authorized to prescribe under State law if sold in quantities of more than 10.
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65	65	b. A licensed pharmacy that provides hypodermic syringes or needles for sale shall also be required to:
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67	67	(1) maintain its supply of such instruments under or behind the pharmacy sales counter such that they are accessible only to a person standing behind a pharmacy sales counter; [and]
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69	69	(2) make available to each person who purchases any such instrument, at the time of purchase, information to be developed by the Department of Health to the purchaser, about:
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71	71	(a) the safe disposal of the instrument, including local disposal locations or a telephone number to call for that information; and
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73	73	(b) substance abuse treatment, including a telephone number to call for assistance in obtaining treatment; and
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75	75	(3) post a sign at the pharmacy sales counter advising that hypodermic syringes or needles may be purchased by a person over 18 years of age in quantities of 10 or fewer without a prescription, and that hypodermic syringes or needles may be purchased by a person over 18 years of age in quantities of more than 10 pursuant to a valid prescription.
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77	77	c. In addition to any other provision of law that may apply, 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 disorderly persons offense.
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79	79	d. The Department of Health, in consultation with the Department of Human Services and the New Jersey State Board of Pharmacy, may, pursuant to the "Administrative Procedure Act,"P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of subsection b. of this section. The Department of Health shall make the information that is to be developed pursuant to subsection b. of this section available to pharmacies and purchasers of hypodermic syringes or needles through its Internet website.
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81	81	(cf: P.L.2012, c.17, s.4)
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85	85	2. This act shall take effect on the 60th day after the date of enactment.
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91	91	STATEMENT
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95	95	This bill requires pharmacies to sell hypodermic needles and syringes to any customer over the age of 18.
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97	97	Under current law, needles and syringes may be sold in quantities of up to 10 without a prescription, and in quantities of more than 10 only with a valid prescription. Current law provides that over-the-counter sales of needles and syringes is allowed, but not required. This bill will make such sales mandatory, and will additionally require pharmacies to post a sign at the pharmacy sales counter advising consumers of the right to purchase needles and syringes pursuant to the bill.
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99	99	The ability to purchase up to 10 hypodermic syringes or needles without a prescription first took effect in 2011, with the enactment of P.L.2011, c.183 (C.2C:36-6.2 et seq.). The 2011 law was designed both to facilitate access to individuals who use syringes or needles to administer medication, such as diabetic insulin users, as well as to help make clean syringes and needles available to intravenous drug users, thereby helping prevent the spread of bloodborne diseases such as the human immunodeficiency virus (HIV) and the hepatitis C virus (HCV). Under the 2011 law, pharmacies selling needles and syringes are required to make information concerning the safe disposal of used syringes and needles and information concerning substance abuse treatment available to all purchasers.
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101	101	It is the sponsor's belief that requiring pharmacies to sell hypodermic syringes and needles to any consumer over the age of 18 and to a post a sign notifying consumers of their rights with regard to purchasing clean hypodermic syringes and needles will help promote the public health interests that the original 2011 law sought to advance.