(a) The following persons or classes of persons may obtain hypodermic syringes and hypodermic needles without prescription for use within the scope of their professions or activities:

1. (1) physicians;
2. (2) dentists;
3. (3) veterinarians;
4. (4) undertakers;
5. (5) nurses;
6. (6) podiatrists;
7. (7) registered pharmacists;
8. (8) hospitals;
9. (9) sanitariums;
10. (10) clinical laboratories;
11. (11) medical institutions;
12. (12) manufacturers or dealers in medical, pharmaceutical, surgical or dental supplies or their agents;
13. (13) resident physicians or interns of hospitals, sanitariums or other medical institutions;

14. (14) a duly authorized agent of an incorporated society for the prevention of cruelty to animals or a municipal animal control facility for the limited purpose of purchasing, possessing and dispensing:

    1. (i) sodium pentobarbital to registered or certified personnel to euthanize animals; and
    2. (ii) ketamine hydrochloride to registered and certified personnel to anesthetize animals prior to euthanasia;

15. (15) persons engaged in an agricultural activity, provided that the manufacturer, distributor or supplier of the hypodermic syringe or hypodermic needle or of any product pre-packaged in a hypodermic syringe has an established needle and syringe return program in compliance with any applicable law;

    1. (i) for purposes of this section, agricultural activity shall mean the production of food for human consumption and fiber through crops, livestock and livestock products;
16. (16) an advanced life support agency;
17. (17) persons certified by the New York State Department of Environmental Conservation as wildlife rehabilitators. Wildlife rehabilitators are responsible for the proper safeguarding and handling of hypodermic syringes and needles and must comply with section 80.133(h)-(j) of this Part. All needles and syringes shall be stored in compliance with section 80.133(g) of this Part;
18. (18) licensed respiratory therapists and licensed respiratory therapy technicians;
19. (19) certified home health agencies, licensed home care services agencies and long term home health care programs approved under article 36 of the Public Health Law; and
20. (20) certified hospices licensed under article 40 of the Public Health Law.