BILL NUMBER: SB 41 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN ASSEMBLY JUNE 28, 2011
AMENDED IN SENATE MAY 24, 2011
AMENDED IN SENATE MAY 9, 2011
INTRODUCED BY Senator Yee
( Coauthors: Assembly Members
Ammiano, Davis, Ma, and
Portantino )
DECEMBER 7, 2010
An act to add and repeal Sections 4144.5, 4145.5, and
4148.5 of, and to repeal Section 4140 of, the Business and
Professions Code, and to add Section 121281 to, and to add and repeal
Section 11364.1 of, the Health and Safety Code, relating to public
health. An act to amend Sections 4144, 4145, and 4148
of, to add Section 4149.5 to, to add and repeal Sections 4144.5,
4145.5, and 4148.5 of, and to repeal Section 4140 of, the Busi
ness and Professions Code, and to amend Section 11364 of, to add
Section 121281 to, and to add and repeal Section 11364.1 of, the
Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
SB 41, as amended, Yee. Hypodermic needles and syringes.
Existing law regulates the sale, possession, and disposal of
hypodermic needles and syringes, and requires, with certain
exceptions, a prescription to purchase a hypodermic needle or syringe
for human use. Existing law prohibits any person from possessing or
having under his or her control any hypodermic needle or syringe,
except in accordance with those regulatory provisions.
This bill would delete the prohibition against any person
possessing or having under his or her control any hypodermic needle
or syringe, except in accordance with the aforementioned regulatory
provisions.
Existing law, beginning January 1, 2011, and ending December 31,
2018, authorizes a county or city to authorize a licensed pharmacist
to sell or furnish 10 or fewer hypodermic needles or syringes to a
person 18 years of age or older for human use without a prescription
if the pharmacist works for a pharmacy that is registered with a
local health department in the Disease Prevention Demonstration
Project, established by law to evaluate the long-term desirability of
allowing licensed pharmacies to sell or furnish nonprescription
hypodermic needles or syringes to prevent the spread of bloodborne
pathogens, including HIV and hepatitis C.
Under existing law, it is unlawful to possess an opium pipe or any
device, contrivance, instrument, or paraphernalia used for
unlawfully injecting or smoking specified controlled substances.
Existing law, beginning January 1, 2011, and ending December 31,
2018, provides that the above-described provisions, pursuant to
authorization from a city or county, shall not apply to the
possession solely for personal use of 10 or fewer hypodermic needles
or syringes.
This bill would, until January 1, 2015, make these provisions,
including any local authorization , but not including the
Disease Prevention Demonstration Project , inoperative, and
would , in the interim, authorize a physician or
pharmacist, without a prescription or a permit, to furnish 30 or
fewer hypodermic needles and syringes for human use to a person 18
years of age or older and would authorize a person 18 years of age or
older, without a prescription or license, to obtain 30 or fewer
hypodermic needles and syringes solely for personal use from a
physician or pharmacist.
This bill would, until January 1, 2015, provide that the
above-described provisions making it unlawful to possess an opium
pipe or any device, contrivance, instrument, or paraphernalia for
unlawfully injecting or smoking certain controlled substances shall
not apply to possession solely for personal use of 30 or fewer
hypodermic needles or syringes if acquired from a physician,
pharmacist, hypodermic needle and syringe exchange program, or any
other source that is authorized by law to provide sterile syringes or
hypodermic needles without a prescription.
This bill would require the state Office of AIDS to develop and
maintain information on its Internet Web site to educate consumers at
risk of bloodborne infections of opportunities to improve and
protect their health, and to protect the public health and would also
require the California State Board of Pharmacy to post, or post a
link to, this information on its Internet Web site.
The Pharmacy Law requires a pharmacist to keep detailed records of
nonprescription sales of hypodermic needles and syringes. Existing
law makes it a crime to knowingly violate any provision relating to
the Pharmacy Law.
This bill would, until January 1, 2015, require pharmacies that
furnish nonprescription hypodermic needles and syringes to store the
hypodermic needles and syringes in a manner that ensures that they
are not accessible to unauthorized persons, and would require
pharmacies or hypodermic needle and syringe exchange programs to
provide consumers with prescribed options for consumer disposal of
hypodermic needles and syringes. This bill would also, until January
1, 2015, require the pharmacies to provide prescribed written
information or verbal counseling at the time of furnishing or sale of
nonprescription hypodermic needles or syringes. By changing the
definition of an existing crime, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to improve access
to syringes and hypodermic needles so as to remove significant
barriers for persons seeking to protect their health and the health
of other persons, and to remove barriers for programs or businesses
to provide sterile injection equipment and education to adults,
thereby reducing the spread of communicable diseases and protecting
the public health.
SEC. 2. Section 4140 of the Business and Professions Code is
repealed.
SEC. 3. Section 4144 of the Business
and Professions Code is amended to read:
4144. (a) A person may sell or obtain
hypodermic needles and hypodermic syringes without a prescription or
permit, for uses that the board determines are industrial, and that
person shall not be required to comply with Section 4145 or 4146.
(b) This section shall be inoperative until January 1, 2015.
SEC. 3. SEC. 4. Section 4144.5 is
added to the Business and Professions Code, to read:
4144.5. (a) A person may sell or obtain hypodermic needles and
hypodermic syringes without a prescription or permit, for uses that
the board determines are industrial, and that person shall not be
required to comply with Section 4145.5 or 4146.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 5. Section 4145 of the Business
and Professions Code is amended to read:
4145. (a) Notwithstanding any other provision of law, a
pharmacist or physician may, without a prescription or a permit,
furnish hypodermic needles and syringes for human use, and a person
may, without a prescription or license, obtain hypodermic needles and
syringes from a pharmacist or physician for human use, if one of the
following requirements is met:
(1) The person is known to the furnisher and the furnisher has
previously been provided a prescription or other proof of a
legitimate medical need requiring a hypodermic needle or syringe to
administer a medicine or treatment.
(2) Pursuant to authorization by a county, with respect to all of
the territory within the county, or a city, with respect to the
territory within the city, for the period commencing January 1, 2005,
and ending December 31, 2018, a pharmacist may furnish or sell 10 or
fewer hypodermic needles or syringes at any one time to a person 18
years of age or older if the pharmacist works for a pharmacy that is
registered with the Disease Prevention Demonstration Project pursuant
to Chapter 13.5 (commencing with Section 121285) of Part 4 of
Division 105 of the Health and Safety Code and the pharmacy complies
with the provisions of that chapter.
(b) Notwithstanding any other provision of law, a pharmacist,
veterinarian, or person licensed pursuant to Section 4141 may,
without a prescription or license, furnish hypodermic needles and
syringes for use on animals, and a person may, without a prescription
or license, obtain hypodermic needles and syringes from a
pharmacist, veterinarian, or person licensed pursuant to Section 4141
for use on animals, providing that no needle or syringe shall be
furnished to a person who is unknown to the furnisher and unable to
properly establish his or her identity.
(c) This section shall be inoperative until January 1, 2015.
SEC. 4. SEC. 6. Section 4145.5 is
added to the Business and Professions Code, to read:
4145.5. (a) Notwithstanding any other provision of law, a
pharmacist or physician may, without a prescription or a permit,
furnish hypodermic needles and syringes for human use, and a person
may, without a prescription or license, obtain hypodermic needles and
syringes from a pharmacist or physician for human use, if the person
is known to the furnisher and the furnisher has previously been
provided a prescription or other proof of a legitimate medical need
requiring a hypodermic needle or syringe to administer a medicine or
treatment.
(b) Notwithstanding any other provision of law, as a public health
measure intended to prevent the transmission of HIV, viral
hepatitis, and other bloodborne diseases among persons who use
syringes and hypodermic needles, and to prevent subsequent infection
of sexual partners, newborn children, or other persons, a physician
or pharmacist may, without a prescription or a permit, furnish 30 or
fewer hypodermic needles and syringes for human use to a person 18
years of age or older, and a person 18 years of age or older may,
without a prescription or license, obtain 30 or fewer hypodermic
needles and syringes solely for personal use from a physician or
pharmacist.
(c) Notwithstanding any other provision of law, a pharmacist,
veterinarian, or person licensed pursuant to Section 4141 may,
without a prescription or license, furnish hypodermic needles and
syringes for use on animals, and a person may, without a prescription
or license, obtain hypodermic needles and syringes from a
pharmacist, veterinarian, or person licensed pursuant to Section 4141
for use on animals, providing that no needle or syringe shall be
furnished to a person who is unknown to the furnisher and unable to
properly establish his or her identity.
(d) A pharmacy that furnishes nonprescription hypodermic needles
and syringes shall store hypodermic needles and syringes in a manner
that ensures that they are available only to authorized personnel,
and are not accessible to other persons.
(e) In order to provide for the safe disposal of hypodermic
needles and syringes, a pharmacy or hypodermic needle and syringe
exchange program that furnishes nonprescription hypodermic needles
and syringes shall provide consumers with one or more of the
following disposal options:
(1) It shall establish an onsite, safe, hypodermic needle and
syringe collection and disposal program that meets applicable
state and federal standards for collection and disposal of medical
sharps waste .
(2) It shall furnish, or make available, mail-back sharps
disposal containers authorized by the United States Postal
Service that meet applicable state and federal requirements for
the transport of medical sharps waste , and shall
provide tracking forms to verify destruction at a certified disposal
facility.
(3) It shall furnish, or make available, a personal
medical sharps disposal container that
meets applicable state and federal standards for collection and
disposal of medical sharps waste.
(f) A pharmacy that furnishes nonprescription syringes shall
provide written information or verbal counseling to consumers at the
time of furnishing or sale of nonprescription hypodermic needles or
syringes on how to do the following:
(1) Access drug treatment.
(2) Access testing and treatment for HIV and hepatitis C.
(3) Safely dispose of sharps waste.
(g) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 7. Section 4148 of the Business
and Professions Code is amended to read:
4148. (a) All stocks of hypodermic needles
or syringes shall be confiscated if found outside the licensed
premises of any person holding a permit under Section 4141 and found
not in the possession or under the control of a person entitled to an
exemption under Section 4143, 4144, or 4145.
(b) This section shall be inoperative until January 1, 2015.
SEC. 5. SEC. 8. Section 4148.5 is
added to the Business and Professions Code, to read:
4148.5. (a) All stocks of hypodermic needles or syringes shall be
confiscated if found outside the licensed premises of any person
holding a permit under Section 4141 and found not in the possession
or under the control of a person entitled to an exemption under
Section 4143, 4144, or 4145.5, or under Section 11364.5, 121349, or
121349.1 of the Health and Safety Code.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 9. Section 4149.5 is added to the
Business and Professions Code , to read:
4149.5. (a) Local authorizations related to Sections 4144, 4145,
and 4148 of this code and Sections 11364 and 121285 of the Health and
Safety Code shall be inoperative until January 1, 2015.
(b) Local authorizations related to Sections 4144, 4145, and 4148
of this code and Sections 11364 and 121285 of the Health and Safety
Code shall again become operative on January 1, 2015, unless the
city, county, or city and county acts to remove the authorization.
SEC. 10. Section 11364 of the Health
and Safety Code is amended to read:
11364. (a) It is unlawful to possess an opium pipe or any device,
contrivance, instrument, or paraphernalia used for unlawfully
injecting or smoking (1) a controlled substance specified in
subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, specified in subdivision (b) or (c)
of Section 11055, or specified in paragraph (2) of subdivision (d)
of Section 11055, or (2) a controlled substance which is a narcotic
drug classified in Schedule III, IV, or V.
(b) This section shall not apply to hypodermic needles or syringes
that have been containerized for safe disposal in a container that
meets state and federal standards for disposal of sharps waste.
(c) Pursuant to authorization by a county, with respect to all of
the territory within the county, or a city, with respect to the
territory within in the city, for the period commencing January 1,
2005, and ending December 31, 2018, subdivision (a) shall not apply
to the possession solely for personal use of 10 or fewer hypodermic
needles or syringes if acquired from an authorized source.
(d) This section shall be inoperative until January 1, 2015.
SEC. 6. SEC. 11. Section 11364.1 is
added to the Health and Safety Code, to read:
11364.1. (a) It is unlawful to possess an opium pipe or any
device, contrivance, instrument, or paraphernalia used for unlawfully
injecting or smoking (1) a controlled substance specified in
subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, specified in subdivision (b) or (c)
of Section 11055, or specified in paragraph (2) of subdivision (d)
of Section 11055, or (2) a controlled substance which is a narcotic
drug classified in Schedule III, IV, or V.
(b) This section shall not apply to hypodermic needles or syringes
that have been containerized for safe disposal in a container that
meets state and federal standards for disposal of sharps waste.
(c) As a public health measure intended to prevent the
transmission of HIV, viral hepatitis, and other bloodborne diseases
among persons who use syringes and hypodermic needles, and to prevent
subsequent infection of sexual partners, newborn children, or other
persons, this section shall not apply to the possession solely for
personal use of 30 or fewer hypodermic needles or syringes if
acquired from a physician, pharmacist, hypodermic needle and syringe
exchange program, or any other source that is authorized by law to
provide sterile syringes or hypodermic needles without a
prescription.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 7. SEC. 12. Section 121281 is
added to the Health and Safety Code, to read:
121281. In order to assist pharmacists and pharmacy personnel in
the education of consumers who are at risk of bloodborne infections
regarding methods and opportunities for improving and protecting
their health, and thereby protect the public health, the Office of
AIDS shall develop and maintain all of the following information, on
its Internet Web site, and the California State Board of Pharmacy
shall also post, or maintain a link to, the information on its
Internet Web site:
(a) How consumers can access testing and treatment for HIV and
viral hepatitis.
(b) How consumers can safely dispose of syringes and hypodermic
needles or other sharps waste.
(c) How consumers can access drug treatment.
SEC. 8. (a) Sections 4144, 4145, and 4148 of
the Business and Professions Code, and Sections 11364 and 121285 of
the Health and Safety Code, including related local authorizations,
shall become inoperative until January 1, 2015.
(b) On and after January 1, 2015, Sections 4144, 4145, and 4148 of
the Business and Professions Code, and Sections 11364 and 121285 of
the Health and Safety Code, shall be operative, including related
local authorization unless the county or city acts to remove the
authorization.
SEC. 9. SEC. 13. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.