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151.40 POSSESSION AND SALE OF HYPODERMIC SYRINGES AND NEEDLES.
    Subdivision 1. Generally. Except as otherwise provided in subdivision 2, it is unlawful
for any person to possess, control, 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 by the following persons when acting in the course of their
practice or employment: licensed practitioners, registered pharmacies and their employees
or agents, licensed pharmacists, licensed doctors of veterinary medicine or their assistants,
registered nurses, registered medical technologists, medical interns, licensed drug wholesalers,
their employees or agents, licensed hospitals, licensed nursing homes, bona fide hospitals where
animals are treated, licensed morticians, syringe and needle manufacturers, their dealers and
agents, persons engaged in animal husbandry, clinical laboratories, 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, persons who administer drugs pursuant to an order or direction of a licensed doctor of
medicine or of a licensed doctor of osteopathy duly licensed to practice medicine.
    Subd. 2. Sales of limited quantities of clean needles and syringes. (a) A registered
pharmacy or its agent or a licensed pharmacist may sell, without a prescription, unused
hypodermic needles and syringes in quantities of ten or fewer, provided the pharmacy or
pharmacist complies with all of the requirements of this subdivision.
(b) At any location where hypodermic needles and syringes are kept for retail sale under this
subdivision, the needles and syringes shall be stored in a manner that makes them available only
to authorized personnel and not openly available to customers.
(c) No registered pharmacy or licensed pharmacist may advertise to the public the availability
for retail sale, without a prescription, of hypodermic needles or syringes in quantities of ten
or fewer.
(d) A registered pharmacy or licensed pharmacist that sells hypodermic needles or syringes
under this subdivision may give the purchaser the materials developed by the commissioner
of health under section 325F.785.
(e) A registered pharmacy or licensed pharmacist that sells hypodermic needles or syringes
must certify to the commissioner of health participation in an activity, including but not limited
to those developed under section 325F.785, that supports proper disposal of used hypodermic
needles or syringes.
History: 1969 c 933 s 21; 1976 c 222 s 95; 1986 c 444; 1997 c 203 art 2 s 17