SECTIONS 4140-4149 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 4140-4149

4140. No person shall possess or have under his or her control any
hypodermic needle or syringe except when acquired in accordance with
this article.

4141. 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.

4142. Except as otherwise provided by this article, no hypodermic
needle or syringe shall be sold at retail except upon the
prescription of a physician, dentist, veterinarian, podiatrist, or
naturopathic doctor pursuant to Section 3640.7.

4143. 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.

4144. 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 or 4146.

4145. (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 one of the
following requirements is met:
(1) The person is known to the furnisher and 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.
(2) Pursuant to authorization by a county, with respect to all of
the territory within the county, or a city, with respect to the
territory within the city, for the period commencing January 1, 2005,
and ending December 31, 2018, a pharmacist may furnish or sell 10 or
fewer hypodermic needles or syringes at any one time to a person 18
years of age or older if the pharmacist works for a pharmacy that is
registered with the Disease Prevention Demonstration Project pursuant
to Chapter 13.5 (commencing with Section 121285) of Part 4 of
Division 105 of the Health and Safety Code and the pharmacy complies
with the provisions of that chapter.
(b) 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, providing that no needle or syringe shall be
furnished to a person who is unknown to the furnisher and unable to
properly establish his or her identity.

4146. 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.

4147. (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.

4148. 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, or 4145.

4149. (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), no license shall be required
if the nonresident distributor sells or distributes solely through a
person who is licensed as a wholesaler 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.