Section 27A. (a) Notwithstanding any general or special law to the contrary, the department of environmental protection and the department of public health, in conjunction with other relevant state and local agencies and government departments, shall design, establish and implement, or cause to be implemented a program for the collection and disposal of spent non-commercially generated hypodermic needles and lancets. The program shall be designed to protect the public health and the environment by providing for the safe, secure and accessible collection and disposal of hypodermic needles and lancets. The departments may collaborate with private companies as well as not-for-profit agencies when designing, establishing and implementing this program.
(b) (1) Sharps disposal programs may include, but are not limited to the following:—
(i) a program for safe, secure home sharp disposal;
(ii) establishing sharps collection centers in medical facilities and pharmacies;
(iii) establishing sharps collection centers in municipal facilities, including, but not limited to, fire stations, police stations and public health offices; provided that sharps collection centers may be located at senior centers only for the purpose of disposing of medically necessary hypodermic needles; and
(iv) medical waste mail-back programs approved by the United States Postal Service.
(2) Medical facilities, pharmacies and participating municipal facilities may work with the department of public health and the department of environmental protection to determine the proper program for sharps disposal implementation within each community.
(c) For the purposes of this section, a ''sharps collection center'' shall be an identified site within a community which:
(1) uses only collection containers that meet the requirements of the federal Occupational Safety and Health Administration and the federal Department of Transportation and is marked with the international biohazard symbol;
(2) provides secure and accessible collection containers on site;
(3) accepts sharps from sharps users that are in leak-proof, rigid, puncture-resistant and shatterproof containers;
(4) provides appropriate transfer containers for sharps users who fail to bring their sharps in suitable containers for placement in the collection container;
(5) has a written agreement with a medical waste transporter providing for regularly scheduled waste pickups; and
(6) stores, handles, transports and treats the collected waste in accordance with department of public health regulations.
(d) The program shall be designed to protect the public health and the environment by providing for the safe, secure and accessible collection and disposal of hypodermic needles and lancets. The department of public health, in consultation with the department of environmental protection, shall adopt regulations to ensure the safe, secure and accessible collection and disposal of hypodermic needles and lancets, and shall provide recommendations for legislative action to the joint committee on public health, the senate and house committees on ways and means and the clerks of the senate and house of representatives. Included in the recommendations for legislative action shall be recommended punishments and fines for the inappropriate, unsafe or unlawful disposal of the hypodermic needles and lancets.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 94c - Controlled Substances Act
Section 2 - Establishment of Schedules of Drugs or Other Controlled Substances
Section 2a - Temporary Placement of Substance in Schedule I
Section 3 - Findings Required for Placement in Schedules
Section 4 - Exceptions From Schedules
Section 5 - Dispensing Controlled Substances Excepted Under Sec. 4
Section 6 - Rules and Regulations
Section 7a - Registration as Participant in Prescription Monitoring Program
Section 8 - Research Projects and Studies
Section 10 - Separate Registration
Section 11 - Inspection of Establishments of Registrants or Applicants
Section 12 - Issuance of Registration to Manufacture or Distribute Controlled Substances
Section 16 - Distribution Between Registrants; Order Form
Section 17 - Necessity of Prescription for Dispensing Controlled Substances
Section 18 - Issuance of Prescription by Practitioner or Physician
Section 18b - Voluntary Non-Opiate Directive Form
Section 18c - Patient Education Required Before Issuance of Opioid Prescription
Section 19 - Prescription; Restrictions on Issuance
Section 19a - Emergency Contraception
Section 19b - Dispensing, Possessing and Administrating Opioid Antagonist
Section 19b1/2 - Exchange of Naloxone or Other Opioid Antagonist Between Registered Entities
Section 19d - Supply Limitations for Opiate Prescriptions; Exception for Palliative Care
Section 20 - Oral Prescriptions
Section 20a - Radiopharmaceutical Drugs
Section 21a - Prescriptions; Prospective Drug Review and Counseling by Pharmacist
Section 21b - Advertisement and Sale of Prescription Lock Boxes by Pharmacies
Section 22 - Contents of Prescription Written by Practitioner
Section 23 - Written or Electronic Prescriptions; Requirements and Restrictions
Section 27 - Sale of Hypodermic Syringes or Hypodermic Needles
Section 28 - Jurisdiction of Superior Court
Section 29 - Educational Programs for Prevention of Abuse of Controlled Substances
Section 30 - Administrative Inspection of Controlled Premises
Section 32k - Inducing or Abetting Minor to Distribute or Sell Controlled Substances
Section 32m - Possession of 2 Ounces or Less of Marihuana; Drug Awareness Program
Section 37 - Theft of Controlled Substances From Persons Authorized to Dispense or Possess
Section 38 - Violation of Secs. 24(a), 25, 26 or 27
Section 39 - Violation of Secs. 21 or 22
Section 41 - Arrest Without Warrant
Section 42 - Cooperation With Federal and Other State Agencies
Section 43 - Conformity With Federal Acts
Section 45 - Photographing and Fingerprinting of Persons Charged With Felony