§ 811 — Procurement, use and possession of hypodermic syringes and needles by school personnel for educational purposes

§ 811. Procurement, use and possession of hypodermic syringes and\nneedles by school personnel for educational purposes. 1.\nNotwithstanding the provisions of section 220.45 of the penal law, it\nshall be lawful for authorized persons under the jurisdiction of the\npublic school authorities in a public school; or of the state education\ndepartment; or of the governing board of any other educational\ninstitution, the curriculum of which is registered by the department, to\npurchase, acquire, have under control, possess and use hypodermic\nsyringes and needles for instructional or other educational purposes\nprovided such school authorities in the case of a school district, the\nappropriate superior officer in the case of the department, or such\ngoverning board in the case of other institutions, has filed with the\ncommissioner of education and with the state department of health a\ncertificate of need for such hypodermic needles which shall set forth\nthe following:\n a. The legal designation and address of the school district, if a\npublic school or if another school or institution, the name and address\nthereof, and the exact location where such hypodermic syringes and\nneedles will be used and stored.\n b. The name and address of the chief administrative officer of the\nschool or institution.\n c. The use proposed to be made of such hypodermic needles.\n d. The names of persons employed in the school, the department, or\nother institution authorized to have custody and/or use of such\nhypodermic needles.\n e. The safeguards to be taken to prevent such instruments from falling\ninto the hands of unauthorized persons.\n f. The disposition which will be made of unwanted or broken syringes\nand needles. In the case of the department such certificate shall be\nmade and filed by the assistant commissioner under whose supervision the\nwork involving the use of such hypodermic syringes or needles is done,\nand a duplicate thereof shall be filed with the state department of\nhealth.\n 2. Nothing contained in this section shall be construed to require the\nfiling of such names by medical institutions, including but not limited\nto, public health centers, industrial clinics, diagnostic, treatment or\nresearch centers, rehabilitation facilities, nursing homes, medical\nschools or colleges, tuberculosis, mental, chronic disease and other\ntypes of hospitals, clinical laboratories, outpatient departments,\nnurses training facilities and central service facilities operated in\nconjunction with medical institutions.\n 3. The commissioner, after consultation with the commissioner of\nhealth, shall make regulations for the administration of this section.\n