[§325-21]  Sale of sterile syringes for theprevention of disease.  (a)  The sale of sterile hypodermic syringes in apharmacy, physician's office, or health care institution for the purpose ofpreventing the transmission of dangerous blood-borne diseases, may be madesolely 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 section327E-2; or

(4)  An authorized agent of a pharmacy, as defined insection 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) shallprovide the purchaser written educational material approved by the departmentof health under subsection (e) about prevention of blood-borne diseases, drugtreatment, and safe disposal of used syringes at sites where syringes are sold.

(c)  The sale or purchase of sterile hypodermicsyringes under subsection (a) shall not constitute an offense under section329-43.5.

(d)  Nothing in this section provides immunityfrom prosecution to any person who violates any law that prohibits or regulatesthe use, possession, dispensing, distribution, or promotion of controlledsubstances, dangerous drugs, detrimental drugs, or harmful drugs, including butnot limited to violation of section 329-41, 329-42, or 712-1241 to 712-1249.6.

(e)  The department of health shall produce andmake available to pharmacies, physicians' offices, and health care institutionswritten educational material about prevention of blood-borne diseases, drugtreatment, 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 orconsideration. [L 2001, c 292, §1; am L 2004, c 151, §2]

 

Cross References

 

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