BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1701| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1701 Author: Chesbro (D) Amended: 8/2/10 in Senate Vote: 21 SENATE HEALTH COMMITTEE : 6-1, 6/23/10 AYES: Alquist, Cedillo, Leno, Negrete McLeod, Pavley, Romero NOES: Aanestad NO VOTE RECORDED: Strickland, Cox ASSEMBLY FLOOR : 49-27, 4/5/10 - See last page for vote SUBJECT : Hypodermic needles and syringes SOURCE : Health Officers Association of California DIGEST : This bill extends, until December 31, 2018, the Disease Prevention Demonstration Project, which permits cities or counties to authorize licensed pharmacists to sell or furnish 10 or fewer hypodermic needles or syringes to a person for use without a prescription, as specified. ANALYSIS : Existing law 1. Regulates the sale, possession, and disposal of hypodermic needles and syringes; and requires a prescription to purchase a hypodermic needle or syringe CONTINUED AB 1701 Page 2 for human use, except to administer adrenaline or insulin. 2. Permits a city or county to authorize a licensed pharmacist to sell or furnish 10 or fewer hypodermic needles or syringes to a person for human use without a prescription if the pharmacy is registered with a local health department (LHD) in the Disease Prevention Demonstration Project (DPDP) until December 31, 2010. 3. Prohibits the possession and sale of drug paraphernalia; but until December 31, 2010, allows a person, if authorized by a city or county, to possess 10 or fewer hypodermic needles or syringes if acquired through an authorized source. This bill: 1. Extends until December 31, 2018, the sunset date for the DPDP, under which a city or county is permitted to authorize a licensed pharmacist to sell or furnish 10 or fewer hypodermic needles or syringes to a person for use without a prescription if the pharmacy is registered with a LHD. 2. Extends until December 31, 2018, the sunset date in current law that permits a person, with authorization by a city or county, to possess 10 or fewer hypodermic needles or syringes if acquired through an authorized source. Background Injection drug use (IDU) is the second leading cause of HIV transmission and the leading cause of the hepatitis C virus (HCV) in California. According to the California Department of Public Health's (DPH) Office of AIDS, in 2009 IDU was associated with 19 percent of the 190,000 reported HIV/AIDS cases, and it is estimated that approximately 750 new HIV infections may be attributed to IDU each year. The link between IDU and HIV transmission is particularly strong for women and minorities. It is also estimated that at least 60 percent of prevalent cases of HCV infection are associated with IDU. In 2008, 36 acute HCV infections and AB 1701 Page 3 69,519 unique chronic HCV cases were reported in California, and HCV-related deaths in the state more than doubled from 503 in 1995 to 1,195 in 2004. Public health experts, including the Centers for Disease Control and Prevention, have identified access to sterile syringes as one component of a comprehensive HIV prevention strategy designed to reduce HIV transmission among IDUs. In the last ten years, a number of national organizations have endorsed deregulation to allow IDUs to purchase and posses syringes and needles without a prescription, including the American Medical Association, the American Pharmaceutical Association, the National Association of Boards of Pharmacy, the National Alliance of State and Territorial AIDS Directors, and the Association of State and Territorial Health Officials. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/2/10) Health Officers Association of California (source) AIDS Project Los Angeles California Psychiatric Association County Health Executives Association of California Drug Policy Alliance San Luis Obispo County Health Officer Santa Clara County Board of Supervisors Santa Clara County Health Officer Santa Cruz County Health Services Agency OPPOSITION : (Verified 8/2/10) California Correctional Supervisors Organization California Narcotic Officers Association ARGUMENTS IN SUPPORT : The Health Officers Association of California, the sponsor of this bill, writes that this bill protects public health without sacrificing public safety as numerous scientific studies have found that safe access to syringes does not lead to increased drug use. The County Health Executives Association of California states that allowing DPDP to continue will likely continue to reduce AB 1701 Page 4 the number of new infections across the state. AIDS Project Los Angeles writes that a 2001 study of 96 U.S. cities found that the rate of HIV among IDUs was twice as high in the cities that prohibited the sale of syringes without a prescription compared to cities that did not have such a prohibition. The Santa Clara County Board of Supervisors states that this bill is an appropriate response to a genuine public health threat and complements existing harm reduction programs that seek to reduce the use of dirty needles, such as their County's needle exchange program. The Drug Policy Alliance writes that allowing adults to purchase sterile syringes without a prescription at community pharmacies is a sound public health strategy endorsed by virtually every major health organization, including the American Medical Association, Institute of Medicine, American Pharmacists Association, and the National Alliance of State and Territorial AIDS Directors. ASSEMBLY FLOOR : AYES: Adams, Ammiano, Arambula, Bass, Beall, Block, Blumenfield, Bradford, Brownley, Buchanan, Caballero, Carter, Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fong, Fuentes, Galgiani, Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Skinner, Solorio, Swanson, Torlakson, Torres, Torrico, Yamada, John A. Perez NOES: Anderson, Bill Berryhill, Tom Berryhill, Conway, Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight, Logue, Miller, Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra Strickland, Tran, Villines NO VOTE RECORDED: Blakeslee, Charles Calderon, Furutani, Vacancy CTW:do 8/2/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****