811. Procurement, use and possession of hypodermic syringes and needles by school personnel for educational purposes. 1. Notwithstanding the provisions of section 220.45 of the penal law, it shall be lawful for authorized persons under the jurisdiction of the public school authorities in a public school; or of the state education department; or of the governing board of any other educational institution, the curriculum of which is registered by the department, to purchase, acquire, have under control, possess and use hypodermic syringes and needles for instructional or other educational purposes provided such school authorities in the case of a school district, the appropriate superior officer in the case of the department, or such governing board in the case of other institutions, has filed with the commissioner of education and with the state department of health a certificate of need for such hypodermic needles which shall set forth the following:
a. The legal designation and address of the school district, if a public school or if another school or institution, the name and address thereof, and the exact location where such hypodermic syringes and needles will be used and stored.
b. The name and address of the chief administrative officer of the school or institution.
c. The use proposed to be made of such hypodermic needles.
d. The names of persons employed in the school, the department, or other institution authorized to have custody and/or use of such hypodermic needles.
e. The safeguards to be taken to prevent such instruments from falling into the hands of unauthorized persons.
f. The disposition which will be made of unwanted or broken syringes and needles. In the case of the department such certificate shall be made and filed by the assistant commissioner under whose supervision the work involving the use of such hypodermic syringes or needles is done, and a duplicate thereof shall be filed with the state department of health.
2. Nothing contained in this section shall be construed to require the filing of such names by medical institutions, including but not limited to, public health centers, industrial clinics, diagnostic, treatment or research centers, rehabilitation facilities, nursing homes, medical schools or colleges, tuberculosis, mental, chronic disease and other types of hospitals, clinical laboratories, outpatient departments, nurses training facilities and central service facilities operated in conjunction with medical institutions.
3. The commissioner, after consultation with the commissioner of health, shall make regulations for the administration of this section.
Last modified: February 3, 2019