BILL ANALYSIS Ķ AB 604 Page 1 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 AB 604 Page 2 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 AB 604 Page 3 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 AB 604 Page 4 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 AB 604 Page 5 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 AB 604 Page 6 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. AB 604 Page 7 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 AB 604 Page 8 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