Hypodermic Needles And Syringes - Pharmacy - Business & Professions - CA

Section § 4141

This law states that you need a license to sell or give out hypodermic needles or syringes, unless there's an exception mentioned in this article.

No person shall furnish hypodermic needles or syringes, by sale or otherwise, without a license issued by the board, except as otherwise provided by this article.

hypodermic needles syringes license

Section § 4143

This section states that pharmacies and certain other dealers can sell hypodermic syringes and needles at wholesale without falling under the restrictions of this law, as long as they are selling to licensed professionals like doctors, dentists, and veterinarians.

This article shall not apply to the sale of hypodermic syringes and needles at wholesale by pharmacies, drug wholesalers, drug manufacturers or manufacturers and dealers in surgical instruments to pharmacies, physicians, dentists, podiatrists, veterinarians, or persons to whom a license has been issued under this article.

wholesale sale hypodermic syringes needles

Section § 4144.5

This law states that you can sell or get hypodermic needles and syringes without needing a prescription or special permit when they're used for industrial purposes. In these cases, you don't have to follow the extra rules found in certain other sections.

A person may sell or obtain hypodermic needles and hypodermic syringes without a prescription or permit, for uses that the board determines are industrial, and that person shall not be required to comply with Section 4145.5 or 4146.

hypodermic needles hypodermic syringes industrial use

Section § 4145.5

This law allows pharmacists and physicians to provide hypodermic needles and syringes without a prescription for human and animal use, under certain conditions. Until January 1, 2026, adults can get them for personal use to help prevent diseases like HIV and hepatitis. Pharmacies must keep needles secure and educate buyers about safe disposal. They must also offer disposal options like a return program or sharps containers. There are requirements for providing information about accessing drug treatment and disease testing as well.

(a) Notwithstanding any other provision of law, a pharmacist or physician may, without a prescription or a permit, furnish hypodermic needles and syringes for human use, and a person may, without a prescription or license, obtain hypodermic needles and syringes from a pharmacist or physician for human use, if the furnisher has previously been provided a prescription or other proof of a legitimate medical need requiring a hypodermic needle or syringe to administer a medicine or treatment.

(b) Notwithstanding any other provision of law, and until January 1, 2026, as a public health measure intended to prevent the transmission of HIV, viral hepatitis, and other bloodborne diseases among persons who use syringes and hypodermic needles, and to prevent subsequent infection of sexual partners, newborn children, or other persons, a physician or pharmacist may, without a prescription or a permit, furnish hypodermic needles and syringes for human use to a person 18 years of age or older, and a person 18 years of age or older may, without a prescription or license, obtain hypodermic needles and syringes solely for personal use from a physician or pharmacist.

(c) Notwithstanding any other provision of law, a pharmacist, veterinarian, or person licensed pursuant to Section 4141 may, without a prescription or license, furnish hypodermic needles and syringes for use on animals, and a person may, without a prescription or license, obtain hypodermic needles and syringes from a pharmacist, veterinarian, or person licensed pursuant to Section 4141 for use on animals.

(d) A pharmacy that furnishes nonprescription hypodermic needles and syringes shall store hypodermic needles and syringes in a manner that ensures that they are available only to authorized personnel, and are not accessible to other persons.

(e) In order to provide for the safe disposal of hypodermic needles and syringes, a pharmacy or hypodermic needle and syringe exchange program that furnishes nonprescription hypodermic needles and syringes shall counsel consumers on safe disposal and provide consumers with one or more of the following disposal options:

(1) It shall establish an onsite, safe, hypodermic needle and syringe collection and disposal program that meets applicable state and federal standards for collection and disposal of medical sharps waste.

(2) It shall furnish, or make available, mail-back sharps containers authorized by the United States Postal Service that meet applicable state and federal requirements for the transport of medical sharps waste, and shall provide tracking forms to verify destruction at a certified disposal facility.

(3) It shall furnish, or make available, a sharps container that meets applicable state and federal standards for collection and disposal of medical sharps waste.

(f) Until January 1, 2026, a pharmacy that furnishes nonprescription syringes shall provide written information or verbal counseling to consumers at the time of furnishing or sale of nonprescription hypodermic needles or syringes on how to do the following:

(1) Access drug treatment.

(2) Access testing and treatment for HIV and hepatitis C.

(3) Safely dispose of sharps waste.

hypodermic needles syringes pharmacist

Section § 4146

Pharmacies in California can take back needles and syringes from people, but they must be in a special container called a sharps container, which is defined in another health code section.

A pharmacy may accept the return of needles and syringes from the public if contained in a sharps container, as defined in Section 117750 of the Health and Safety Code.

pharmacy return of needles syringe disposal

Section § 4147

This law defines a 'playground' as a park or area for children with play equipment, and it regulates the disposal of hypodermic needles and syringes. It's illegal to throw away these items at playgrounds, beaches, parks, or schools. If someone knowingly does this, they can be fined between $200 and $2,000, or face up to six months in jail, or both. However, this rule doesn't apply to needles used for medical care or educational purposes on school grounds.

(a) For the purposes of this section, “playground” means any park or outdoor recreational area specifically designed to be used by children that has play equipment installed or any similar facility located on public or private school grounds or county parks.

(b) Any hypodermic needle or syringe that is to be disposed of, shall be contained, treated, and disposed of, pursuant to Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code.

(c) It is unlawful to discard or dispose of a hypodermic needle or syringe upon the grounds of a playground, beach, park, or any public or private elementary, vocational, junior high, or high school.

(d) A person who knowingly violates subdivision (c) is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than two hundred dollars ($200) and not more than two thousand dollars ($2,000), or by imprisonment in a county jail for up to six months, or by both that fine and imprisonment.

(e) Subdivision (c) does not apply to the containment, treatment, and disposal of medical sharps waste from medical care or first aid services rendered on school grounds, nor to the containment, treatment, and disposal of hypodermic needles or syringes used for instructional or educational purposes on school grounds.

playground hypodermic needle disposal syringe disposal

Section § 4148.5

If hypodermic needles or syringes are found outside a licensed place without the appropriate permits, they will be taken away unless someone legally allowed to have them, according to specific exemptions, is in possession of them.

All stocks of hypodermic needles or syringes shall be confiscated if found outside the licensed premises of any person holding a permit under Section 4141 and found not in the possession or under the control of a person entitled to an exemption under Section 4143, 4144.5, or 4145.5, or under Section 11364, 121349, or 121349.1 of the Health and Safety Code.

hypodermic needles syringes confiscation

Section § 4149

This law section specifies that distributors who are not based in California must get a license to sell or distribute hypodermic needles or syringes in the state. However, if they work through a California-licensed wholesaler or logistics provider, they don't need a separate license. Additionally, having this license doesn't mean the distributor is considered to be doing business in California.

(a) A nonresident distributor shall not sell or distribute hypodermic needles or syringes in this state without obtaining a license from the board pursuant to Section 4141.

(b) Notwithstanding subdivision (a), a license is not required if the nonresident distributor sells or distributes solely through a person who is licensed as a wholesaler or third-party logistics provider pursuant to Section 4160.

(c) The Legislature, by enacting this section, does not intend a license issued to any nonresident distributor pursuant to this article to serve as evidence that the entity is doing business within this state.

nonresident distributor hypodermic needles syringes