PRINTER'S NO. 654
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
617
Session of
2017
INTRODUCED BY CRUZ, GAINEY, DONATUCCI, D. COSTA AND READSHAW,
FEBRUARY 24, 2017
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 24, 2017
AN ACT
Providing for the safe disposal of hypodermic needles and
syringes; requiring educational materials; limiting the
operation of syringe exchange programs within a city of the
first class; and providing for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Syringe
Exchange Program Safety Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"City." A city of the first class.
"Client." An individual who receives nonprescription needles
or syringes from a syringe exchange program or who purchases
nonprescription needles or syringes from a pharmacist.
"Department." The Department of Health of the Commonwealth.
"Medical sharps waste." A device that has acute rigid
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corners, edges or protuberances capable of cutting or piercing,
including, but not limited to, hypodermic needles and hypodermic
needles with syringes.
"Provider." An organization, including a governmental agency
or nonprofit organization, which administers a syringe exchange
program.
"Syringe exchange program." A program administered by a
provider under a local ordinance or policy in which the provider
distributes or otherwise furnishes unused hypodermic needles and
syringes to a client in exchange for used needles and syringes
for the sole purpose of preventing the transmission of
bloodborne communicable diseases.
Section 3. Needle and syringe disposal.
(a) Safe disposal required.--Notwithstanding any law or
regulation to the contrary, to facilitate the safe disposal of
hypodermic needles and syringes, a provider who administers a
syringe exchange program or a pharmacist who sells
nonprescription needles and syringes in accordance with 49 Pa.
Code ยง 27.18 (relating to standards of practice) shall make
available to a client one or more of the following disposal
options:
(1) An onsite secure and tamper-free hypodermic needle
and syringe collection and disposal program which meets
applicable Federal or State standards for the collection and
disposal of medical sharps waste.
(2) Mail-back sharps containers authorized by the United
States Postal Service that meet applicable Federal or State
requirements for the transport of medical sharps waste,
including tracking forms to verify destruction at a certified
disposal facility.
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(3) Sharps containers which meet applicable Federal and
State standards for collection and disposal of medical sharps
waste.
(b) Disposal program.--
(1) A disposal program developed by a provider or
pharmacist under subsection (a) shall adhere to a strict one-
for-one needle or syringe exchange distribution policy and
shall not provide for the distribution of needles and
syringes without receiving a used syringe in return.
(2) A hypodermic needle or syringe that is to be
disposed of shall be contained, treated and disposed of in
accordance with applicable Federal or State standards.
(c) Acceptance of needles and syringes by pharmacists.--
Notwithstanding any other provision of law or regulation, a
pharmacist licensed under the act of September 27, 1961
(P.L.1700, No.699), known as the Pharmacy Act, may do the
following:
(1) accept the return of hypodermic needles and syringes
from the public if contained in a sharps container as defined
in this act; or
(2) make available an onsite safe hypodermic needle and
syringe collection and disposal program which conforms with
the requirements of subsection (a)(1) and meets applicable
Federal or State standards for collection and disposal of
medical sharps waste.
Section 4. Educational materials.
(a) Duties of department.--The department, in consultation
with the Department of Drug and Alcohol Programs, shall:
(1) Develop educational materials and make copies of the
educational materials available to providers and pharmacists
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that furnish or sell nonprescription hypodermic needles and
syringes to individuals. The educational materials shall
include, at a minimum, information regarding:
(i) Access to drug addiction and treatment
information and referrals to drug treatment programs,
including information on local drug addiction treatment
programs and programs which offer medication-assisted
treatment, such as a Food and Drug Administration-
approved long-acting, nonaddictive medication for the
treatment of opioid dependence.
(ii) Access to testing and treatment for HIV,
hepatitis B, hepatitis C and other bloodborne
communicable diseases.
(iii) Prevention techniques for bloodborne
communicable diseases, including HIV, hepatitis B and
hepatitis C.
(iv) Safe disposal methods for, the prohibition of
and penalty for the unsafe disposal of hypodermic needles
and syringes.
(v) Drug overdose response and treatment, including
the administration of any Food and Drug Administration-
approved overdose intervention drug.
(2) Adopt uniform guidelines to advise providers,
pharmacists and local health departments on implementing
needle and syringe disposal policies that are consistent with
or more stringent than any available guidelines regarding the
disposal of medical sharps waste provided by the Department
of Environmental Protection or the United States
Environmental Protection Agency.
(b) Providers and pharmacists.--The department shall make
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the educational materials developed in accordance with
subsection (a) available to providers and pharmacists that
furnish or sell nonprescription hypodermic needles and syringes
in accordance with section 3(a).
Section 5. Dissemination of information.
(a) Duties of providers and pharmacists.--A provider or
pharmacist that furnishes nonprescription needles and syringes
shall provide written information or verbal counseling to
clients. The information or counseling shall include, but not be
limited to, information on how to accomplish the following:
(1) Access drug addiction and treatment information and
referrals to drug treatment programs, including information
on local drug addiction treatment programs and programs which
offer medication-assisted treatment, such as a Food and Drug
Administration-approved, long-acting, nonaddictive medication
for the treatment of opioid dependence.
(2) Access testing and treatment for HIV, hepatitis B,
hepatitis C or other bloodborne communicable diseases.
(3) Prevent transmission of bloodborne communicable
diseases, including HIV, hepatitis B and hepatitis C.
(4) Utilize safe disposal methods for hypodermic needles
and syringes.
(5) Access drug overdose response and treatment,
including the administration of a Food and Drug
Administration-approved overdose intervention drug.
(6) Access information and referrals to medical care,
mental health services and other support services.
(7) Access information and referrals to locations and
programs which offer clothing, food and shelter.
(b) Department materials.--To satisfy the written
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information and client counseling requirements of this section,
providers and pharmacists may distribute the educational
materials developed by the department under section 4 to
clients.
Section 6. Prohibition and penalty.
(a) Unlawful disposal.--
(1) It shall be unlawful for a person to discard or
dispose of a hypodermic needle or syringe upon the grounds of
any public or private place, including, but not limited to, a
playground, park, sidewalk, public or private parking lot,
the grounds of an entertainment facility or any public,
private or parochial school, college or university.
(2) Notwithstanding any other provision of statute,
charter, ordinance or other law to the contrary, a syringe
exchange program may not operate in a city within 500 feet of
a residential housing development or within 1,000 feet of the
property line of any public, private or parochial school.
(b) Penalty.--A person who knowingly violates subsection (a)
commits a summary offense and, upon conviction, shall be
sentenced to pay a fine of not less than $500.
(c) Applicability.--Subsection (a) shall not apply to the
following:
(1) The containment, treatment and disposal of
hypodermic needles and syringes used for emergency medical
care or first aid services rendered upon the grounds of any
public or private place.
(2) The containment, treatment and disposal of
hypodermic needles or syringes used for instructional or
education purposes on school grounds and the grounds of a
college or university.
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(d) Definition.--For the purposes of this section, the term
"playground" means a park or outdoor recreational area
specifically designed to be used by children that has play
equipment installed or any similar facility located on the
grounds of a public or private school, college or university or
a park.
Section 7. Construction.
Nothing in this act shall be construed to authorize
pharmacists to sell nonprescription hypodermic needles and
syringes to individuals without proof of identification to
validate that the individual is at least 18 years of age.
Section 8. Effective date.
This act shall take effect in 90 days.
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