(a) The sale of sterile hypodermic syringes in a pharmacy, physician’s office, or health care institution for the purpose of preventing the transmission of dangerous blood-borne diseases, may be made solely by:
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(1) A pharmacist licensed under chapter 461;(2) A physician as defined in § 327E-2;(3) A health care provider as defined in § 327E-2; or(4) An authorized agent of a pharmacy, as defined in § 461-1, or of a health care institution, as defined in § 327E-2, operating under the direction of a licensed pharmacist or physician.(b) The seller under subsection (a) shall provide the purchaser written educational material approved by the department of health under subsection (e) about prevention of blood-borne diseases, drug treatment, and safe disposal of used syringes at sites where syringes are sold.(c) The sale or purchase of sterile hypodermic syringes under subsection (a) shall not constitute an offense under section 329-43.5.(d) Nothing in this section provides immunity from prosecution to any person who violates any law that prohibits or regulates the use, possession, dispensing, distribution, or promotion of controlled substances, dangerous drugs, detrimental drugs, or harmful drugs, including but not limited to violation of section 329-41, 329-42, or 712-1241 to 712-1249.6.(e) The department of health shall produce and make available to pharmacies, physicians’ offices, and health care institutions written educational material about prevention of blood-borne diseases, drug treatment, and safe disposal of used syringes for distribution under subsection (b).(f) For purposes of this section, “sell” or “sale” means to transfer to another for value or consideration.
