(a) Sales Regulated.
(1) No hypodermic needle, syringe or similar device, or disposable hypodermic needle, syringe or similar device which may be used for subcutaneous injection, or for administering any drug or other substance into the human body, shall be sold or dispensed to any person except by prescription, either written or oral, as follows:
A. Upon a written prescription of a practitioner licensed by law to administer drugs;
B. Upon an oral prescription of such practitioner which is reduced promptly to writing and filled by the pharmacist; or
C. By refilling any such written or oral prescription, if such refilling is authorized by the prescriber, either in the original prescription or by oral order which is reduced to writing and filled by the pharmacist.
(2) All such pharmacists or legalized dispensers of such paraphernalia shall keep or cause to be kept accurate records of sales of such paraphernalia, including but not limited to the name of the purchaser (requiring adequate identification), the address of purchaser, date of sale, type of instrument sold and quantity sold. The City shall supply forms on which such information shall be recorded, and it shall be the duty of the dispenser or vendor of such devices to procure such forms.
(3) The provisions of this section shall not apply to the sale of any hypodermic syringe, needle or similar device, or disposable hypodermic needle, syringe or similar device to hospitals, physicians, dentists, pharmacists, industrial corporations and educational institutions, or embalmers, or others using such devices in the legal course of their respective business or profession; nevertheless, such vendors or legalized dispensers shall keep or cause to be kept accurate records for all such sales.
(b) Possession Restricted. No person except a manufacturer of, or wholesaler, or a retail dealer in surgical instruments, apothecary, physician, dentist, hospital, veterinarian, nurse, industrial corporation, educational institution, or intern shall at any time have or possess a hypodermic syringe or needle or a disposable hypodermic syringe or needle or any instrument or implement adapted for the use of habit-forming drugs by subcutaneous injection, which is possessed for the purposes of administering habit-forming drugs, unless such possession is authorized by the prescription of a physician.
(c) Destruction of Discarded Hypodermic Syringes or Needles. Every person who in the course of his business or for whatever reasons dispenses, administers or uses hypodermic syringes or needles or disposable hypodermic syringes or needles or other similar devices, and who discards any such syringes or needles or other similar devices, whether used or not, shall cause such syringes, needles or other similar device to be destroyed prior to discarding, whether used or not, by breaking them into at least two distinct pieces or crushing them or otherwise rendering the syringes or needles inoperable.
(Ord. 2015-2016-3. Passed 11-10-15.)