HF 928

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/10/2021 04:04pm

A bill for an act
relating to public safety; authorizing syringe services providers to possess,
distribute, and dispose of syringes; authorizing the possession of hypodermic
syringes; amending Minnesota Statutes 2020, sections 151.01, by adding a
subdivision; 151.40, subdivision 1; 152.01, subdivision 18.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 151.01, is amended by adding a subdivision
to read:

new text begin Subd. 43. new text end

new text begin Syringe services provider. new text end

new text begin "Syringe services provider" means a
community-based public health program that offers cost-free comprehensive harm reduction
services including: providing sterile needles, syringes, and other injection equipment; making
safe disposal containers for needles and syringes available; educating participants and others
about overdose prevention, safer injection practices, and infectious disease prevention;
providing blood-borne pathogen testing or referrals to that testing; offering referrals to
substance use disorder treatment, including medication-assisted treatment; and providing
referrals to medical treatment and services, mental health programs and services, and other
social services.
new text end

Sec. 2.

Minnesota Statutes 2020, section 151.40, subdivision 1, is amended to read:

Subdivision 1.

Generally.

It is unlawful for any person to deleted text begin possess, control, deleted text end manufacture,
sell, furnish, dispense, or otherwise dispose of hypodermic syringes or needles or any
instrument or implement which can be adapted for subcutaneous injections, except for:

(1) the following persons when acting in the course of their practice or employment:

(i) licensed practitioners and their employees, agents, or delegates;

(ii) licensed pharmacies and their employees or agents;

(iii) licensed pharmacists;

(iv) registered nurses and licensed practical nurses;

(v) registered medical technologists;

(vi) medical interns and residents;

(vii) licensed drug wholesalers and their employees or agents;

(viii) licensed hospitals;

(ix) bona fide hospitals in which animals are treated;

(x) licensed nursing homes;

(xi) licensed morticians;

(xii) syringe and needle manufacturers and their dealers and agents;

(xiii) persons engaged in animal husbandry;

(xiv) clinical laboratories and their employees;

(xv) persons engaged in bona fide research or education or industrial use of hypodermic
syringes and needles provided such persons cannot use hypodermic syringes and needles
for the administration of drugs to human beings unless such drugs are prescribed, dispensed,
and administered by a person lawfully authorized to do so; deleted text begin and
deleted text end

(xvi) persons who administer drugs pursuant to an order or direction of a licensed
practitioner; new text begin and
new text end

new text begin (xvii) syringe services providers and their employees or agents;
new text end

(2) a person who self-administers drugs pursuant to either the prescription or the direction
of a practitioner, or a family member, caregiver, or other individual who is designated by
such person to assist the person in obtaining and using needles and syringes for the
administration of such drugs;

(3) a person who is disposing of hypodermic syringes and needles through an activity
or program developed under section 325F.785; or

(4) a person who sells deleted text begin , possesses, deleted text end or handles hypodermic syringes and needles pursuant
to subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 3.

Minnesota Statutes 2020, section 152.01, subdivision 18, is amended to read:

Subd. 18.

Drug paraphernalia.

(a) Except as otherwise provided in paragraph (b), "drug
paraphernalia" means all equipment, products, and materials of any kind, except those items
used in conjunction with permitted uses of controlled substances under this chapter or the
Uniform Controlled Substances Act, which are knowingly or intentionally used primarily
in (1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance, (3) testing the strength, effectiveness,
or purity of a controlled substance, or (4) enhancing the effect of a controlled substance.

(b) "Drug paraphernalia" does not include new text begin fentanyl test strips; new text end the deleted text begin possession, deleted text end
manufacture, delivery, or sale of hypodermic needles or syringes in accordance with section
151.40, subdivision 2 new text begin ; or the possession of hypodermic syringes or needles or any instrument
or implement which can be adapted for subcutaneous injections new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end