MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary B
By: Representative Bell (21st)
AN ACT TO PROVIDE THAT IT IS UNLAWFUL TO SELL OR FURNISH A HYPODERMIC SYRINGE OR HYPODERMIC NEEDLE TO ANY PERSON WHO IS A DIRECT CONSUMER EXCEPT PURSUANT TO A WRITTEN PRESCRIPTION; TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO PURCHASE, OBTAIN OR POSSESS A HYPODERMIC SYRINGE OR HYPODERMIC NEEDLE AS A DIRECT CONSUMER UNLESS THAT POSSESSION IS PURSUANT TO A WRITTEN PRESCRIPTION; TO REQUIRE PERSONS SELLING OR FURNISHING HYPODERMIC SYRINGES AND HYPODERMIC NEEDLES PURSUANT TO A PRESCRIPTION TO KEEP CERTAIN RECORDS RELATING TO THE SALES; TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON WHO PURCHASES OR OBTAINS A HYPODERMIC SYRINGE OR HYPODERMIC NEEDLE PURSUANT TO A PRESCRIPTION TO SELL OR FURNISH THE HYPODERMIC SYRINGE OR HYPODERMIC NEEDLE TO ANOTHER PERSON; TO PROVIDE FOR CRIMINAL PENALTIES FOR VIOLATIONS OF THIS SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) It shall be unlawful for any person to sell or furnish to any person who is a direct consumer, a hypodermic syringe, hypodermic needle or any other instrument or implement adapted for the administration of drugs by injection, except pursuant to a written prescription of a practitioner as defined under Section 73-21-73.
(2) It shall be unlawful for any person to purchase, obtain or possess as a direct consumer, a hypodermic syringe, hypodermic needle or any other instrument or implement adapted for the administration of drugs by injection, unless that possession is pursuant to a written prescription of a practitioner as defined under Section 73-21-73.
(3) Any person selling or furnishing a hypodermic syringe, hypodermic needle or any other instrument or implement adapted for the administration of drugs by injection pursuant to a written prescription shall record upon the prescription his or her signature or electronic signature, and the date of the sale or furnishing of the hypodermic syringe, hypodermic needle or other instrument. The prescription shall be retained on file for a period of five (5) years and be readily accessible for inspection by any public officer or employee engaged in the enforcement of this section. The prescription may be refilled not more than the number of times specifically authorized by the prescribing practitioner upon the prescription, provided that no such authorization shall be effective for a period greater than one (1) year from the date the prescription is signed.
(4) The sale or furnishing to direct consumers of hypodermic syringes, hypodermic needles or any other instrument or implement adapted for the administration of drugs by injection must be accompanied by a safety insert. The safety insert shall be developed or approved by the State Health Officer and shall include, but not be limited to, (a) information on the proper use of hypodermic syringes and hypodermic needles; (b) the risk of blood borne diseases that may result from the use of hypodermic syringes and hypodermic needles; (c) methods for preventing the transmission or contraction of blood borne diseases; (d) proper hypodermic syringe and hypodermic needle disposal practices, including local disposal locations or a telephone number to call for that information; (e) information on the dangers of injection drug use, and how to access drug treatment; (f) a toll-free phone number for information on the human immunodeficiency virus; and (g) information on the safe disposal of hypodermic syringes and hypodermic needles including the relevant provisions of environmental protection laws relating to the unlawful release of regulated medical waste. The safety insert shall be attached to or included in the hypodermic syringe and hypodermic needle packaging, or shall be given to the purchaser at the point of sale or furnishing in brochure form.
(5) It shall be unlawful for any person who purchases or obtains a hypodermic syringe, hypodermic needle or any other instrument or implement adapted for the administration of drugs by injection pursuant to a written prescription of a practitioner to sell or furnish the hypodermic syringe, hypodermic needle or other instrument to another person.
(6) A person who violates any provision of this section is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00), or by imprisonment in the county jail for not more than one (1) year, or both.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.