Stacks Image 88

Syringes

ESAP - EXPANDED SYRINGE ACCESS DEMONSTRATION PROGRAM (SECTION ยง80.137)

In 2000, the New York State Legislature changed the Public Health Law to authorize a demonstration program to expand access to sterile hypodermic needles and syringes. This is a public health measure to prevent blood borne diseases, most notably HIV/AIDS and hepatitis B and hepatitis C. The Expanded Syringe Access Program became effective January 1, 2001 and as of the summer of 2009, became a permanent program.

Retail Access Highlights:

  • Pharmacies may advertise syringe/needle availability without a prescription.
  • Syringes must not be openly displayed to customers.
  • Individuals 18 years or older may obtain syringes without a prescription.
  • No quantity limits on sales or furnishing.
  • Each transaction must include a safety insert.
  • Pharmacies no longer need to register with the Department of Health to participate.
Safety Insert Requirements
Must be developed or approved by the commissioner and include:
  • Proper syringe/needle usage.
  • Risks of blood-borne diseases.
  • Disease prevention methods.
  • Safe disposal practices and environmental law info.
  • Dangers of injection drug use and treatment access.
  • Toll-free HIV information number.
  • Statement affirming legal possession under Article 33.

SYRINGE PRESCRIPTIONS

Prescription Rules:

  • Accepted formats: oral, written, electronic.
  • Transfers between pharmacies are allowed.
  • No quantity limits or refill restrictions.
  • Valid for 2 years from original date.
  • If syringe contains a controlled substance, applicable schedule rules apply.
SYRINGE ACCESS WITHIN SCOPE OF PRACTICE (SECTION §80.132)
Authorized Individuals/Entities (No Prescription Required):

  • Healthcare professionals: physicians, dentists, nurses, podiatrists, pharmacists, respiratory therapists/techs.
  • Institutions: hospitals, sanitariums, clinical labs, medical institutions.
  • Others: veterinarians, undertakers, wildlife rehabilitators, agricultural workers, advanced life support agencies, certified home health and hospice programs.
  • Commercial: manufacturers/dealers in medical supplies and their agents.
  • Special agents: incorporated animal cruelty prevention societies, resident physicians/interns.

References


This material is protected by copyright - nyrxlaw - New York Pharmacy Law Resource and Study Guide


LAST UPDATED - MAY 10, 2026

Q
Syringes | nyrxlaw