Section 1 of chapter 94C of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out in line 68 the word “injecting”.

SECTION 2.  Section 1 of chapter 94C of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out subsection (11), lines 100 to 102 inclusive.

SECTION 3.  Chapter 94 C of the General Laws is hereby amended by striking out section 27 and inserting in place thereof the following section:-

Section 27.  Hypodermic syringes, hypodermic needles and any other instrument adapted for the administration of controlled substances by injection may be sold in the commonwealth only to persons who have attained the age of 18 years and only by a pharmacist or wholesale druggist, who is licensed under the provisions of chapter 112, a manufacturer of or dealer in surgical supplies, or a manufacturer of or dealer in embalming supplies.  No more than 10 such syringes, needles or instruments may be purchased by one person at one time.

SECTION 4.  Chapter 111 of the General Laws, as most recently amended by Chapter 66 of the Acts of 2002, is hereby amended by adding the following section:-

Section 25K.  The department will develop an educational insert to accompany the sale of hypodermic syringes and needles.  Such educational insert shall include, but not be limited to, (1) information on the proper use of hypodermic syringes and needles, (2) the risk of blood borne diseases that may result from the use of hypodermic syringes and needles and methods for preventing the contraction or transmission of such diseases, (3) proper hypodermic syringe and needle disposal practices, (4) the toll-free telephone number of the Commonwealths AIDS hotline, and (5) the toll-free number of the Massachusetts Substance Abuse Information and Education Helpline.  Such educational insert shall be provided to purchasers of hypodermic syringes and needles at the point of sale.

SECTION 5.  Section 32I of Chapter 94C of the General Laws is hereby amended by striking out in line 6 the word “inject”.

SECTION 6.  Section 32I of Chapter 94C of the General Laws is hereby amended by adding at the end thereof the following paragraph:--

(d) The provisions of this section shall not apply to the sale of hypodermic syringes, hypodermic needles or any other instrument adapted for the administration of controlled substances by injection to persons over the age of 18 pursuant to section 27.

SECTION 7.  Chapter 175 of the General Laws, as most recently amended by Chapter 355 of the Acts of 2000, is hereby amended by inserting after section 47V, the following section:-

Section 47W.  No individual policy of accident and sickness insurance issued or renewed pursuant to section 110, shall restrict or discontinue coverage for medically necessary hypodermic syringes and needles, notwithstanding any changes made to section 27 of Chapter 94C of the General Laws.

SECTION 8.  Chapter 176A of the General Laws, as most recently amended by Chapter 355 of the Acts of 2000, is hereby amended by inserting after section 8V, the following section:--

Section 8W.  No contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued, or renewed in the commonwealth shall restrict or discontinue coverage for medically necessary hypodermic syringes and needles to any individual subscribers and members within the commonwealth and to any group members having a principal place of employment within the commonwealth, notwithstanding any changes made to section 27 of Chapter 94C of the General Laws.

SECTION 9.  Chapter 176B of the General Laws, as most recently amended by Chapter 355 of the Acts of 2000, is hereby amended by inserting after section 4V, the following section:--

Section 4W.  No subscription certificate, under an individual or group medical service agreement, delivered, issued or renewed in the commonwealth shall restrict or discontinue coverage for medically necessary hypodermic syringes and needles to any individual subscribers and members within the commonwealth and to any group members having a principal place of employment within the commonwealth, notwithstanding any changes made to section 27 of Chapter 94C of the General Laws.

SECTION 10.  Chapter 176G of the General Laws, as most recently amended by Chapter 141 of the Acts of 2000, is hereby amended by inserting after section 4M, the following section:--

Section 4N.  No individual or group health maintenance contract shall restrict or discontinue coverage for medically necessary hypodermic syringes and needles, notwithstanding any changes made to section 27 of Chapter 94C of the General Laws.

SECTION 11.  Section 79 of chapter 277 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in lines 463 to 466, inclusive, the words:--

Possession of hypodermic instrument. That A.B. did have in his possession unlawfully a hypodermic syringe and needle. Sale and delivery of hypodermic instrument.  That A.B. did unlawfully sell (or deliver) a hypodermic syringe (or needle).