Subdivision 1. Generally. It is unlawful for any person to possess, control, manufacture, sell, furnish, dispense, or otherwise dispose of hypodermic syringes or needles or any instrument or implement which can be adapted for subcutaneous injections, except for:
(1) the following persons when acting in the course of their practice or employment:
(i) licensed practitioners and their employees, agents, or delegates;
(ii) licensed pharmacies and their employees or agents;
(iii) licensed pharmacists;
(iv) registered nurses and licensed practical nurses;
(v) registered medical technologists;
(vi) medical interns and residents;
(vii) licensed drug wholesalers and their employees or agents;
(viii) licensed hospitals;
(ix) bona fide hospitals in which animals are treated;
(x) licensed nursing homes;
(xi) licensed morticians;
(xii) syringe and needle manufacturers and their dealers and agents;
(xiii) persons engaged in animal husbandry;
(xiv) clinical laboratories and their employees;
(xv) persons engaged in bona fide research or education or industrial use of hypodermic syringes and needles provided such persons cannot use hypodermic syringes and needles for the administration of drugs to human beings unless such drugs are prescribed, dispensed, and administered by a person lawfully authorized to do so; and
(xvi) persons who administer drugs pursuant to an order or direction of a licensed practitioner;
(2) a person who self-administers drugs pursuant to either the prescription or the direction of a practitioner, or a family member, caregiver, or other individual who is designated by such person to assist the person in obtaining and using needles and syringes for the administration of such drugs;
(3) a person who is disposing of hypodermic syringes and needles through an activity or program developed under section 325F.785; or
(4) a person who sells, possesses, or handles hypodermic syringes and needles pursuant to subdivision 2.
Subd. 2. Sales of limited quantities of clean needles and syringes. (a) A registered pharmacy or a licensed pharmacist may sell, without the prescription or direction of a practitioner, unused hypodermic needles and syringes in quantities of ten or fewer, provided the pharmacy or pharmacist complies with all of the requirements of this subdivision.
(b) At any location where hypodermic needles and syringes are kept for retail sale under this subdivision, the needles and syringes shall be stored in a manner that makes them available only to authorized personnel and not openly available to customers.
(c) A registered pharmacy or licensed pharmacist that sells hypodermic needles or syringes under this subdivision may give the purchaser the materials developed by the commissioner of health under section 325F.785.
(d) A registered pharmacy or licensed pharmacist that sells hypodermic needles or syringes under this subdivision must certify to the commissioner of health participation in an activity, including but not limited to those developed under section 325F.785, that supports proper disposal of used hypodermic needles or syringes.
1969 c 933 s 21; 1976 c 222 s 95; 1986 c 444; 1997 c 203 art 2 s 17; 2016 c 119 s 7; 1Sp2019 c 9 art 10 s 41,42
Structure Minnesota Statutes
Chapter 151 — Pharmacy Practice And Wholesale Distribution Act
Section 151.02 — State Board Of Pharmacy.
Section 151.04 — Recommended Names.
Section 151.05 — Election Of Officers.
Section 151.06 — Powers And Duties.
Section 151.061 — Unfair Price Discrimination.
Section 151.065 — Fee Amounts.
Section 151.066 — Opiate Product Registration Fee.
Section 151.07 — Meetings; Examination Fee.
Section 151.071 — Disciplinary Action.
Section 151.072 — Reporting Obligations.
Section 151.074 — Licensee Or Registrant Cooperation.
Section 151.075 — Disciplinary Record On Judicial Review.
Section 151.095 — Inactive Status License.
Section 151.10 — Qualifications Of Applicants.
Section 151.102 — Pharmacy Technician.
Section 151.12 — Reciprocity; Licensure.
Section 151.13 — Renewal Fee; Continuing Education.
Section 151.14 — Reinstatements.
Section 151.15 — Compounding Drugs Unlawful Under Certain Conditions.
Section 151.16 — Violation A Gross Misdemeanor.
Section 151.17 — Unlawful Use Of "pharmacist."
Section 151.18 — Unlawful To Use Misleading Name.
Section 151.19 — Registration; Fees.
Section 151.191 — Licensing Medical Gas Facilities; Fees; Prohibitions.
Section 151.21 — Substitution.
Section 151.211 — Records Of Prescriptions.
Section 151.212 — Label Of Prescription Drug Containers.
Section 151.213 — Copies Of Prescriptions.
Section 151.214 — Payment Disclosure.
Section 151.215 — Certification.
Section 151.22 — Liability For Quality Of Drugs.
Section 151.23 — Poisons Must Be Labeled.
Section 151.24 — Sale Of Poisons Must Be Recorded.
Section 151.252 — Licensing Of Drug Manufacturers; Fees; Prohibitions.
Section 151.253 — Compounding.
Section 151.29 — Violation A Misdemeanor.
Section 151.30 — County Attorney To Prosecute.
Section 151.301 — Reports To Commissioner Of Health.
Section 151.33 — Careless Distribution Of Drugs.
Section 151.335 — Delivery Through Common Carrier; Compliance With Temperature Requirements.
Section 151.34 — Prohibited Acts.
Section 151.35 — Drugs, Adulteration.
Section 151.36 — Drugs, Misbranding.
Section 151.361 — Manufacturer Disclosure.
Section 151.37 — Legend Drugs; Who May Prescribe, Possess.
Section 151.375 — Investigational Drug Use.
Section 151.39 — Distressed Drugs.
Section 151.40 — Possession And Sale Of Hypodermic Syringes And Needles.
Section 151.415 — Long-term Care Resident Access To Pharmaceuticals Act.
Section 151.441 — Definitions.
Section 151.46 — Prohibited Drug Purchases Or Receipt.
Section 151.461 — Gifts To Practitioners Prohibited.
Section 151.47 — Wholesale Drug Distributor Licensing Requirements.
Section 151.471 — Third-party Logistics Provider Requirements.
Section 151.555 — Prescription Drug Repository Program.
Section 151.56 — County Return Of Unused Drugs Or Medical Devices.
Section 151.58 — Automated Drug Distribution Systems.