BILL NUMBER: AB 604	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2011
	AMENDED IN ASSEMBLY  MARCH 17, 2011

INTRODUCED BY   Assembly Member Skinner
    (   Coauthor:   Assembly Member  
Blumenfield   ) 

                        FEBRUARY 16, 2011

   An act to amend Sections 121349, 121349.1, 121349.2, and 121349.3
of the Health and Safety Code, relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 604, as amended, Skinner. Needle exchange programs.
   Existing law, with certain exceptions, makes it a misdemeanor for
a person to deliver, furnish,  or  transfer,  or 
possess with intent to deliver, furnish, or transfer  , or
manufacture with the intent to deliver, furnish, or transfer,
 drug paraphernalia, knowing, or under circumstances where
one reasonably should know, that it will be used to  plant,
propagate, cultivate, grow, harvest, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale, or otherwise  introduce
into the human body a controlled substance. Existing law provides an
exception to this general rule by authorizing a city, county, or city
and county to conduct a clean needle and syringe exchange project
authorized by the public entity to combat the spread of HIV and
bloodborne hepatitis. Existing law exempts providers participating in
an exchange project from criminal prosecution for possession of
needles or syringes during participation in the project. Existing law
also provides a specified annual comment and reporting process
relating to the needle and syringe exchange projects.
   This bill would authorize the State Department of Public Health to
authorize, as specified, certain entities to provide hypodermic
needle and syringe exchange services in any location where the
department determines that the conditions exist for the rapid spread
of HIV, viral hepatitis, or any other potentially deadly or disabling
infections that are spread through the sharing of used hypodermic
needles and syringes.  The bill would require the department to
establish and maintain on its Internet Web site the address and
contact information of these programs. 
   This bill would exempt staff and volunteers participating in an
authorized exchange project from criminal prosecution for violation
of any law related to the possession, furnishing, or transfer of
hypodermic needles or syringes during participation in an exchange
project and would exempt program participants from criminal
prosecution for possession of needles and syringes acquired from an
authorized exchange project entity. The bill would also make the
comment and reporting process for the projects biennial.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 121349 of the Health and Safety Code is amended
to read:
   121349.  (a) The Legislature finds and declares that scientific
data from needle exchange programs in the United States and in Europe
have shown that the exchange of used hypodermic needles and syringes
for clean hypodermic needles and syringes does not increase drug use
in the population, can serve as an important bridge to treatment and
recovery from drug abuse, and can curtail the spread of human
immunodeficiency virus (HIV) infection among the intravenous drug
user population.
   (b) In order to reduce the spread of HIV infection and bloodborne
hepatitis among the intravenous drug user population within
California, the Legislature hereby authorizes a clean needle and
syringe exchange project pursuant to this chapter in any city,
county, or city and county upon the action of a county board of
supervisors and the local health officer or health commission of that
county, or upon the action of the city council, the mayor, and the
local health officer of a city with a health department, or upon the
action of the city council and the mayor of a city without a health
department.
   (c) In order to reduce the spread of HIV infection, viral
hepatitis, and other potentially deadly bloodborne infections, the
State Department of Public Health may, notwithstanding any other law,
authorize entities that provide services set forth in paragraph (1)
of subdivision (d), and that have sufficient staff and capacity to
provide the services described in Section 121349.1, as determined by
the department, to apply for authorization under this chapter to
provide hypodermic needle and syringe exchange services consistent
with state and federal standards, including those of the United
States Public Health Service, in any location where the department
determines that the conditions exist for the rapid spread of HIV,
viral hepatitis, or any other potentially deadly or disabling
infections that are spread through the sharing of used hypodermic
needles and syringes.
   (d) In order for an entity to be authorized to conduct a project
pursuant to this chapter, its application to the department shall
demonstrate that the entity complies with all of the following
minimum standards:
   (1) The entity provides, directly or through referral, 
any   all  of the following services:
   (A) Drug abuse treatment services.
   (B) HIV or hepatitis  C  screening.
   (C) Hepatitis A and hepatitis B vaccination.
   (D) Screening for sexually transmitted infections.
   (E) Housing services for the homeless, for victims of domestic
violence, or other similar housing services.
   (F) Services related to provision of education and materials for
the reduction of sexual risk behaviors, including, but not limited
to, the distribution of condoms.
   (2) The entity has the capacity to commence needle and syringe
exchange services within three months of authorization.
   (3) The entity has adequate funding to do all of the following at
reasonably projected program participation levels:
   (A) Provide needles and syringe exchange services for all of its
participants.
   (B) Provide HIV and viral hepatitis prevention education services
for all of its participants.
   (C) Provide for the safe recovery and disposal of used syringes
and sharps waste from all of its participants.
   (4) The entity has the capacity, and an established plan, to
collect evaluative data in order to assess program impact, including,
but not limited to, all of the following:
   (A) The total number of persons served.
   (B) The total number of syringes and needles distributed,
recovered, and disposed of.
   (C) The total numbers and types of referrals to drug treatment and
other services.
   (5) If the application is provisionally deemed appropriate by the
department, the department shall, at least 45 days prior to approval
of the application, provide for a period of public comment as
follows:
   (A) Post on the department's Internet Web site the name of the
applicant, the nature of the services, and the location where the
applying entity will provide the services.
   (B) Send a written and an  electronic mail  
e-mail  notice to the local health officer of the affected
jurisdiction.
   (e) The department shall establish and maintain on its Internet
Web site the address and contact information of programs providing
hypodermic needle and syringe exchange services  pursuant to this
chapter  .
   (f) The authorization provided under this section shall only be
for a clean needle and syringe exchange project as described in
Section 121349.1.
  SEC. 2.  Section 121349.1 of the Health and Safety Code is amended
to read:
   121349.1.  The State Department of Public Health or a city,
county, or a city and county with or without a health department,
that acts to authorize a clean needle and syringe exchange project
pursuant to this chapter shall, in consultation with the State
Department of Public Health, authorize the exchange of clean
hypodermic needles and syringes, as recommended by the United States
Public Health Service, subject to the availability of funding, as
part of a network of comprehensive services, including treatment
services, to combat the spread of HIV and bloodborne hepatitis
infection among injection drug users. Staff and volunteers
participating in an exchange project authorized by the state, county,
city, or city and county pursuant to this chapter shall not be
subject to criminal prosecution for violation of any law related to
the possession, furnishing, or transfer of hypodermic needles or
syringes during participation in an exchange project. Program
participants shall not be subject to criminal prosecution for
possession of needles or syringes acquired from an authorized needle
and syringe exchange project entity.
  SEC. 3.  Section 121349.2 of the Health and Safety Code is amended
to read:
   121349.2.  Local government, local health officials, and law
enforcement shall be given the opportunity to comment on clean needle
and syringe exchange programs on a biennial basis. The public shall
be given the opportunity to provide input to local leaders to ensure
that any potential adverse impacts on the public welfare of clean
needle and syringe exchange programs are addressed and mitigated.
  SEC. 4.  Section 121349.3 of the Health and Safety Code is amended
to read:
   121349.3.  The health officer of the participating jurisdiction
shall present biennially at an open meeting of the board of
supervisors or city council a report detailing the status of clean
needle and syringe exchange programs, including, but not limited to,
relevant statistics on bloodborne infections associated with needle
sharing activity and the use of public funds for these programs. Law
enforcement, administrators of alcohol and drug treatment programs,
other stakeholders, and the public shall be afforded ample
opportunity to comment at this biennial meeting. The notice to the
public shall be sufficient to  assure   ensure
 adequate participation in the meeting by the public. This
meeting shall be noticed in accordance with all state and local open
meeting laws and ordinances, and as local officials deem appropriate.
For hypodermic needle and syringe exchange services authorized by
the State Department of Public Health, a biennial report shall be
provided by the department to the local health officer based on the
reports to the department from service providers within the
jurisdiction of that local health officer.