§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.
Structure Hawaii Revised Statutes
325. Infectious and Communicable Diseases
325-1 Diseases or conditions declared communicable or dangerous to public health.
325-2 Physicians, laboratory directors, and health care professionals to report.
325-2.5 Health care-associated infection reporting.
325-4 Identity of patients safeguarded.
325-5 Antitoxins, antiserums, vaccines, biologics, and drugs.
325-8 Infected persons and quarantine.
325-12 Common drinking cup prohibited.
325-16 Informed consent for testing or disclosure.
325-17 Quality assurance standards for HIV antibody testing.
325-18 Advisory committees for health care workers infected with blood-borne infections.
325-19 Rubella testing of pregnant women.
325-20 Agreements; collaborative assistance in control of disease outbreaks.
325-21 Sale of sterile syringes for the prevention of disease.
325-32 Immunization against infectious diseases.
325-33 Performance of vaccination and immunization.
325-36 Duty of adult, or of parent, guardian, or caregiver.
325-37 Fraud; wilful misrepresentation; failure to comply; penalties.
325-38 Immunization of indigent, medically indigent, and other persons.
325-51 Blood samples of pregnant women required.
325-52 Serologic tests; reports.
325-53 Reports of blood tests.
325-54 Reports confidential; penalty.
325-71 Reports by physicians and others.
325-73 Protection of record; penalty.
325-74 Physicians; precautions; instructions.
325-75 Reporting recovery of patient.
325-76 Examinations for tuberculosis.
325-78 Test and treatment for tuberculosis.
325-91 Blood transfusion; hepatitis.
325-92 Prenatal hepatitis B screening and treatment of newborns.
325-101 Confidentiality of records and information.
325-104 Responsibility to report.
325-112 Sterile needle and syringe exchange program established.
325-113 Operation of the program.
325-115 Program oversight committee.
325-117 Termination of the program.
325-122 Hawaii immunization registry; establishment and purposes.
325-123 Confidentiality and content of registry records.
325-124 Purposes for access to registry information; access not a disclosure.
325-125 Registry record requirements; duration of retention.