[§325-21]  Sale of sterile syringes for the
prevention of disease.  (a)  The sale of 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, may be made
solely by:



(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.



(b)  The seller under subsection (a) shall
provide the purchaser written educational material approved by the department
of health under subsection (e) about prevention of blood-borne diseases, drug
treatment, and safe disposal of used syringes at sites where syringes are sold.



(c)  The sale or purchase of sterile hypodermic
syringes under subsection (a) shall not constitute an offense under section
329-43.5.



(d)  Nothing in this section provides immunity
from prosecution to any person who violates any law that prohibits or regulates
the use, possession, dispensing, distribution, or promotion of controlled
substances, dangerous drugs, detrimental drugs, or harmful drugs, including but
not limited to violation of section 329-41, 329-42, or 712-1241 to 712-1249.6.



(e)  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 under subsection
(b).



(f)  For purposes of this section,
"sell" or "sale" means to transfer to another for value or
consideration. [L 2001, c 292, §1; am L 2004, c 151, §2]



 



Cross References



 



  Needle exchange program, see §§325-111 to 117.