Introduced By: Senators Perry, Roberts, Roney, Nygaard, Celona, Blais, Breene, and Parella
Date Introduced : February 4, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 21-28-4.04 of the General Laws in Chapter 21-28 entitled "Uniform Controlled Substances Act" is hereby amended to read as follows:
21-28-4.04. Prohibited acts D -- Penalties -- Hypodermic instruments. -- (1) No person except a manufacturer, wholesaler, or dealer in hypodermic instruments, health care facility, practitioner, embalmer, nurse acting under the direction and supervision of a practitioner, common carrier or messenger engaged in the transportation, or employee of a hospital or laboratory acting under the direction of its superintendent or officer in immediate charge, shall at any time knowingly have or knowingly possess a hypodermic needle or syringe or any instrument or implement adapted for subcutaneous injection unless such possession be authorized by:
(a) In the case of use in the healing arts, the certificate of a practitioner which he or she may, subject to the rules and regulations of the director of health, issue to a patient under his or her immediate charge; and
(b) In the case of use in the industrial arts, the certificate of the director of health which he or she may, after appropriate investigation into the methods, techniques, and security of use, issue to the superintendent or officer in immediate charge, of the process. Certificates shall be issued in the form prescribed and furnished by the director of health and any certificate so issued may be revoked at any time by the director.
(c) In the case of use in conjunction with a pilot program for the exchange of hypodermic needles and syringes established by the department of health for the purpose of reducing the transmission of human immunodeficiency virus (HIV), pursuant to section 23-11-19, the certificate of the director of health which he or she may, after appropriate investigation into the methods, techniques and security of distribution, issue to the participants of the program. Certificates shall be issued in the form prescribed and furnished by the director of health and any certificate so issued may be revoked at any time by the director.
(2) No person may sell any of the instruments specified in this section without first having obtained a license to do so from the director of health.
(a) Every sale shall be made subject to the rules and regulations of the director of health. A record shall be kept by the persons selling the syringe, needle, or instrument, which shall give the date of sale, the name and address of the purchaser, and a description of the instrument.
(b) This record shall include all such needles, syringes, or instruments received and shall at all times be open to inspection by the director of health, by the authorized agents of the director, and by the police authorities and police officers of the cities and towns.
(c) Excess, undesired, and contaminated needles, syringes, or instruments shall be destroyed subject to rules and regulations of the director of health.
{DEL (3) Any person who violates this section shall be sentenced
to a term of imprisonment for not more than five (5) years or
a fine of not more than three thousand dollars ($3,000); and for
each subsequent offense by a term of imprisonment for not more
than five (5) years or a fine of not more than five thousand dollars
($5,000). With respect to the requirements governing the possession
and use of hypodermic instruments it shall be deemed a compliance
with this section if the parties to the transaction have complied
with the laws of the state in which they reside. DEL}
(3) {ADD Any person who violates this section shall be guilty of a misdemeanor and may be punished by a fine not to exceed one hundred dollars ($100) and/or be required to attend a course as described in subsection (b) of this section. ADD}
(a) {ADD The district courts in the applicable jurisdictions shall establish procedures for payment of said fines by mail. ADD}
{ADD (b) A person convicted of violating this section may be assigned to attend a course of instruction relating to the effects of the misuse of drugs, including alcohol and controlled substances. Such instruction may include counseling on the legal, medical, psychological and social effects of drug use and abuse. Such course shall consist of a minimum of five (5) hours and a maximum of ten (10) hours of instruction and counseling. Upon completion of the assigned course the instructor shall notify the court in writing of such completion and the notification shall be made a part of the court record. Any person failing to complete such course within thirty (30) days after the assignment shall be assessed a civil fine in an amount not to exceed one hundred dollars ($100). ADD}
SECTION 2. This act shall take effect upon passage.
