BILL ANALYSIS                                                                                                                                                                                                    Ķ



                                                                  AB 604
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             Date of Hearing:   March 29, 2011

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                    AB 604 (Skinner) - As Amended:  March 17, 2011
           
          SUBJECT  :  Needle exchange programs.

           SUMMARY  :  Permits the Department of Public Health (DPH) to 
          authorize specified entities 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 DPH 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.  Specifically,  this bill  :  

          1)Permits DPH to authorize specified entities 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 DPH 
            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.  

          2)Requires DPH, in order for an entity to be authorized to 
            conduct such a project, to demonstrate that an entity: 

             a)   Provides, directly or through referral, any of the 
               following services: drug abuse treatment services; HIV or 
               hepatitis C virus (HCV) screening; hepatitis A and 
               hepatitis B vaccination; screening for sexually transmitted 
               infections; housing services for the homeless, for victims 
               of domestic violence, or other similar housing services; 
               and services related to provision of education and 
               materials for the reduction of sexual risk behaviors, 
               including, but not limited to, the distribution of condoms. 
                

             b)   Has the capacity to commence needle and syringe exchange 
               services within three months of authorization.  

             c)   Has adequate funding (at reasonably projected program 








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               participation levels) to provide: needles and syringe 
               exchange services for all of its participants; HIV and 
               viral hepatitis prevention education services for all of 
               its participants; and, for the safe recovery and disposal 
               of used syringes and sharps waste from all of its 
               participants.  

             d)   Has the capacity, and an established plan, to collect 
               evaluative data in order to assess program impact, 
               including, but not limited to: the total number of persons 
               served; the total number of syringes and needles 
               distributed, recovered, and disposed of; and, the total 
               numbers and types of referrals to drug treatment and other 
               services.  

          3)Requires DPH, if it deems an application to be provisionally 
            appropriate, to provide for a period of public comment at 
            least 45 days prior to approval of the application, as 
            specified.  

          4)Requires DPH to establish and maintain on its Internet Website 
            the address and contact information of programs providing 
            hypodermic needle and syringe exchange services.
          5)Prohibits staff and volunteers participating in DPH-authorized 
            syringe exchange projects (SEPs) from being subject to 
            criminal prosecution for any law related to the possession, 
            furnishing, or transfer of hypodermic needles or syringes 
            during the participation in an SEP.

          6)Requires DPH to provide local health officers (LHOs) biennial 
            status reports, as specified, based on reports to DPH from 
            service providers operating DPH-authorized SEPs within a LHO's 
            jurisdiction.  Requires LHOs with county- and city-authorized 
            SEPs to report on the program's status biennially (rather than 
            annually, as required by existing law).

           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 for human use, except to 
            administer adrenaline or insulin.

          2)Permits a clean needle and SEP in any city and county, county, 
            or city, upon the action of a county board of supervisors and 








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            the LHO or health commission of that county, or upon the 
            action of the city council, the mayor, and the LHO.  Permits a 
            county or a city with or without a health department to 
            authorize a clean needle and SEP in consultation with DPH, as 
            specified.  Requires local government, local public health 
            officials, and law enforcement to be given the opportunity to 
            comment on syringe exchange programs on an annual basis.  
            Requires the public to be given the opportunity to provide 
            input to local leaders to ensure that any potential adverse 
            impacts on the public welfare of SEPs are addressed and 
            mitigated.

          3)Prohibits providers participating in an exchange project 
            authorized by a county or city from being subject to criminal 
            prosecution for possession of needles or syringes during 
            participation in an SEP.

          4)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 until December 
            31, 2018.  Prohibits the possession and sale of drug 
            paraphernalia; but until December 31, 2018, 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.

           FISCAL EFFECT  :   This bill has not yet been analyzed by a fiscal 
          committee.

           COMMENTS  :   

           1)PURPOSE OF THIS BILL  .  According to the author, the use of 
            shared syringes is the leading cause of hepatitis C infections 
            in the state, and the second most common means of contracting 
            HIV and hepatitis B.  The author states that the estimated 
            lifetime cost to treat hepatitis C exceeds $100,000 per person 
            and the estimated lifetime cost to treat HIV exceeds $600,000. 
             Failure to prevent these infections creates a long-term 
            burden on state General Fund-supported health insurance and 
            drug programs.  The author contends that SEPs are a highly 
            cost-effective component of a comprehensive HIV and hepatitis 
            control strategy, endorsed by every major national, state, and 
            international health and medical association including: U.S. 
            Centers for Disease Control & Prevention (CDC), U.S. Public 








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            Health Service, Institute of Medicine of the National Academy 
            of Sciences, National Institutes of Health, World Health 
            Organization, United Nations Programme on HIV/AIDS, American 
            Medical Association, and the American Academy of Pediatrics.  
            The author states that while this bill will authorize DPH to 
            approve SEPs, it in no way will inhibit local government's 
            ability to regulate programs within their jurisdiction. 
            According to the author, most counties do not have safe, legal 
            access to sterile syringes, even in areas with very high rates 
            of HIV and hepatitis and this bill would give appropriate 
            authority to DPH to prevent or address outbreaks of deadly or 
            disabling blood-borne diseases.  Finally, the author states 
            that this bill does not appropriate funds for syringe 
            exchanges, nor does it mandate the state to fund new or 
            existing SEPs.  

          2)BACKGROUND  .  Injection drug use (IDU) is the second leading 
            cause of HIV transmission and the leading cause of HCV in 
            California.  According to DPH's Office of AIDS, in 2009 IDU 
            was associated with 19% of the 190,000 reported HIV/AIDS 
            cases.  It is also estimated that at least 60% of prevalent 
            cases of HCV infection are associated with IDU.  In 2008, 36 
            acute HCV infections and 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.  The CDC 
            has identified access to sterile syringes as one component of 
            a comprehensive HIV prevention strategy designed to reduce HIV 
            transmission among IDUs.  Federal statute was amended in 
            December 2009 to allow federal funds to support SEPs, and 
            federal agencies including CDC, Health and Human Services 
            (HHS), the Substance Abuse and Mental Health Services 
            Administration and the Health Resources and Services 
            Administrations have issued notices in the past fiscal year to 
            allow grantees to allocate their funds accordingly.
             
          3)SEPS  .  According to the CDC, the first organized SEPs in the 
            U.S. were established in the late 1980s in Tacoma, Washington; 
            Portland, Oregon; San Francisco; and, New York City. According 
            to the CDC, as of March 2009, a total of 184 SEPs were known 
            to be operating in 36 states, the District of Columbia, and 
            Puerto Rico.  According to DPH, as of January 2010, 19 
            California counties and four cities have authorized SEPs.  In 
            addition to exchanging syringes, many SEPs provide a range of 
            related prevention and care services that are vital to helping 
            IDUs reduce their risks of acquiring and transmitting 








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            blood-borne viruses, as well as maintain and improve their 
            overall health.  These services include: HIV/AIDS education 
            and counseling; condom distribution to prevent sexual 
            transmission of HIV and other sexually transmitted diseases; 
            referrals to substance abuse treatment and other medical and 
            social services; distribution of alcohol swabs to help prevent 
            abscesses and other bacterial infections; on-site HIV testing 
            and counseling and crisis intervention; screening for 
            tuberculosis, hepatitis B and C; and, primary medical 
            services.  SEPs operate in a variety of settings, including 
            storefronts, vans, sidewalk tables, and health clinics.  They 
            vary in their hours of operation, with some open for two-hour 
            street-based sessions several times a week, and others are 
            open continuously. 
           
             A January 2009 review of the effectiveness of SEPs, sponsored 
            by the Robert Wood Johnson Foundation's Substance Abuse Policy 
            Research Program, found that SEPs are cost-effective, help 
            reduce HIV risk behavior and transmission, can promote entry 
            into drug treatment, and do not encourage illegal drug use or 
            other crime or increase the community burden of discarded 
            syringes.  

           4)HHS DETERMINATION  .  In December 2009, President Obama signed 
            the Consolidated Appropriations Act, 2010, which ended the 
            21-year ban on use of federal funds for syringe access 
            programs.  In 1998, HHS Secretary Donna Shalala issued a 
            finding that the overwhelming scientific consensus was that 
            syringe exchange programs slowed the spread of HIV, without 
            contributing to increased drug use.  However, the ban remained 
            in effect.  A February 2011 notice by the by HHS Secretary 
            Kathleen Sebelius, "Determination That a Demonstration Needle 
            Exchange Program Would be Effective in Reducing Drug Abuse and 
            the Risk of Acquired Immune Deficiency Syndrome Infection 
            Among Intravenous Drug Users," announced that the Surgeon 
            General had determined that demonstration SEPs would be 
            effective in reducing drug abuse and the risk of infection 
            with HIV, the step necessary to allow federal funds to flow to 
            syringe access programs.  

           5)PREVIOUS LEGISLATION  .  AB 1858 (Blumenfield) contained 
            provisions that are substantially similar to those in this 
            bill.  Governor Schwarzenegger vetoed AB 1858, stating, "I 
            signed legislation in 2005 that reflected a careful balance 
            between good public health policy and local decision-making 








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            authority.  I remain comfortable with that original decision 
            and do not believe it is appropriate to change this balance 
            and instead give authority to the state Department of Public 
            Health to overrule local decisions regarding syringe exchange 
            programs."

            AB 1701 (Chesbro), Chapter 667, Statutes of 2010, extends the 
            sunset date, from December 31, 2010 to December 31, 2018, of 
            the Disease Prevention Demonstration Project (DPDP), 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.

            SB 1029 (Yee), would have repealed DPDP, and permitted 
            pharmacists and physicians to  distribute to individuals, and 
            individuals to receive, up to 30 needles without a 
            prescription solely for personal use, as specified.  SB 1029 
            was vetoed by Governor Schwarzenegger.

            AB 110 (Laird), Chapter 707, Statutes of 2007, permits a 
            public entity that receives General Fund money from the 
            Department of Health Services (now DPH) for HIV prevention and 
            education to use that money to support needle exchange 
            programs.  AB 1597 (Laird) of 2005 contained substantially 
            similar provisions to AB 110, but was vetoed by Governor 
            Schwarzenegger.

            AB 547 (Berg), Chapter 692, Statutes of 2005, creates the 
            Clean Needle and Syringe Exchange Program to permit SEPs 
            without a local declaration of emergency.  AB 946 (Berg) of 
            2003 and AB 2871 (Berg) of 2004 would also have repealed the 
            requirement that a city or county authorize its needle 
            exchange program through a declaration of a local emergency.  
            Both bills were vetoed by Governor Davis and Governor 
            Schwarzenegger, respectively.

            SB 1159 (Vasconcellos), Chapter 608, Statutes of 2004, 
            established a five-year pilot program (DPDP) to allow 
            California pharmacies, when authorized by a local government, 
            to sell up to 10 syringes to adults without a prescription.  
            Prior to SB 1159 in 2004, SB 1785 (Vasconcellos) of 2002 and 
            SB 774 (Vasconcellos) of 2003 would have permitted the 
            furnishing of syringes without a prescription.  Both measures 
            were vetoed by Governor Davis.









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            AB 136 (Mazzoni), Chapter 762, Statutes of 1999, exempts 
            public entities and their agents and employees who distribute 
            hypodermic needles or syringes to participants in clean needle 
            and syringe exchange projects authorized by the public entity 
            pursuant to a declaration of a local emergency from criminal 
            prosecution. 

           6)TECHNICAL AMENDMENTS .  

             a)   On page 3, line 27: delete "any" and insert "all"
             b)   On page 3, line 30: delete: "HIV or hepatitis C 
               screening" and insert "screening for hepatitis"
             c)   On page 4, line 28: after "services" insert "established 
               pursuant to this chapter"

           7)SUPPORT  .  Clinica Monseņor Oscar A. Romero and Redwood AIDS 
            Information write that amongst the counties with the highest 
            number of AIDS cases related to syringe sharing, and with the 
            highest per capita rate of AIDS from syringe sharing are 
            counties without an SEP.  The County Alcohol and Drug Program 
            Administrators Association of California states that this bill 
            would help provide more people with legal access to sterile 
            needles and syringes, which is a proven method for reducing 
            the transmission of HIV, viral hepatitis, and other costly, 
            deadly blood-borne diseases.  Drug Policy Alliance states that 
            expanding syringe exchange programs statewide will reduce 
            costs to taxpayers as HIV and hepatitis C are two of the most 
            commonly and costly blood-borne diseases among people who 
            share syringes.

           8)OPPOSITION  .  The League of California Cities (League) states 
            that while they recognize the intent of this bill, it would 
            override local authority and allow health service 
            organizations to act outside a city or county government's 
            discretion.  The League contends that the ultimate 
            considerations for local health and safety impacts should be 
            made by the city that will directly bear the consequences, for 
            better or worse.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Drug Policy Alliance (sponsor)
          AIDS Community Research Consortium








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          BIENESTAR Human Services
          California Opioid Maintenance Providers
          Clinica Monseņor Oscar A. Romero
          County Alcohol and Drug Program Administrators Association of 
          California
          Harm Reduction Coalition
          Redwood AIDS Information Network & Services
          Saint James Infirmary

           Opposition 
          
          League of California Cities
           
          Analysis Prepared by  :    Melanie Moreno / HEALTH / (916) 
          319-2097