California Legislature—2013–14 Regular Session

Assembly BillNo. 1743


Introduced by Assembly Member Ting

February 14, 2014


An act to amend Sections 4144.5, 4145.5, and 4148.5 of, and to repeal Sections 4144, 4145, 4148, and 4149.5 of, the Business and Professions Code, and to amend Section 11364.1 of, and to repeal Section 11364 of, the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

AB 1743, as introduced, Ting. Hypodermic needles and syringes.

Existing law, until January 1, 2015, authorizes a pharmacist or physician to furnish 30 or fewer hypodermic needles and syringes for human use to a person 18 years of age or older solely for his or her personal use.

This bill would delete that January 1, 2015, date of repeal and would authorize a pharmacist or physician to provide an unlimited number of hypodermic needles and syringes to a person 18 years of age or older solely for his or her personal use.

Under existing law it is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphanelia used for unlawfully injecting or smoking specified controlled substances. Existing law, until January 1, 2015, exempts from this prohibition the possession of 30 or fewer hypodermic needles and syringes if acquired from an authorized source.

This bill would delete that January 1, 2015, date of repeal and would exempt the possession of any amount of hypodermic needles and syringes that are acquired from an authorized source.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 4144 of the Business and Professions
2Code
is repealed.

begin delete
3

4144.  

(a) A person may sell or obtain hypodermic needles and
4hypodermic syringes without a prescription or permit, for uses that
5the board determines are industrial, and that person shall not be
6required to comply with Section 4145 or 4146.

7(b) This section shall be inoperative until January 1, 2015.

end delete
8

SEC. 2.  

Section 4144.5 of the Business and Professions Code
9 is amended to read:

10

4144.5.  

begin delete(a)end deletebegin deleteend deleteA person may sell or obtain hypodermic needles
11and hypodermic syringes without a prescription or permit, for uses
12that the board determines are industrial, and that person shall not
13be required to comply with Section 4145.5 or 4146.

begin delete

14(b) This section shall remain in effect only until January 1, 2015,
15and as of that date is repealed, unless a later enacted statute, that
16is enacted before January 1, 2015, deletes or extends that date.

end delete
17

SEC. 3.  

Section 4145 of the Business and Professions Code is
18repealed.

begin delete
19

4145.  

(a) Notwithstanding any other provision of law, a
20pharmacist or physician may, without a prescription or a permit,
21furnish hypodermic needles and syringes for human use, and a
22person may, without a prescription or license, obtain hypodermic
23needles and syringes from a pharmacist or physician for human
24use, if one of the following requirements is met:

25(1) The person is known to the furnisher and the furnisher has
26previously been provided a prescription or other proof of a
27legitimate medical need requiring a hypodermic needle or syringe
28to administer a medicine or treatment.

29(2) Pursuant to authorization by a county, with respect to all of
30the territory within the county, or a city, with respect to the territory
31within the city, for the period commencing January 1, 2005, and
32ending December 31, 2018, a pharmacist may furnish or sell 10
33or fewer hypodermic needles or syringes at any one time to a
34person 18 years of age or older if the pharmacist works for a
35pharmacy that is registered with the Disease Prevention
P3    1Demonstration Project pursuant to Chapter 13.5 (commencing
2with Section 121285) of Part 4 of Division 105 of the Health and
3Safety Code and the pharmacy complies with the provisions of
4that chapter.

5(b) Notwithstanding any other provision of law, a pharmacist,
6veterinarian, or person licensed pursuant to Section 4141 may,
7without a prescription or license, furnish hypodermic needles and
8syringes for use on animals, and a person may, without a
9prescription or license, obtain hypodermic needles and syringes
10from a pharmacist, veterinarian, or person licensed pursuant to
11Section 4141 for use on animals, providing that no needle or
12syringe shall be furnished to a person who is unknown to the
13furnisher and unable to properly establish his or her identity.

14(c) This section shall be inoperative until January 1, 2015.

end delete
15

SEC. 4.  

Section 4145.5 of the Business and Professions Code
16 is amended to read:

17

4145.5.  

(a) Notwithstanding any other provision of law, a
18pharmacist or physician may, without a prescription or a permit,
19furnish hypodermic needles and syringes for human use, and a
20person may, without a prescription or license, obtain hypodermic
21needles and syringes from a pharmacist or physician for human
22use, if the person is known to the furnisher and the furnisher has
23previously been provided a prescription or other proof of a
24legitimate medical need requiring a hypodermic needle or syringe
25to administer a medicine or treatment.

26(b) Notwithstanding any other provision of law, as a public
27health measure intended to prevent the transmission of HIV, viral
28hepatitis, and other bloodborne diseases among persons who use
29syringes and hypodermic needles, and to prevent subsequent
30infection of sexual partners, newborn children, or other persons,
31a physician or pharmacist may, without a prescription or a permit,
32furnishbegin delete 30 or fewerend delete hypodermic needles and syringes for human
33use to a person 18 years of age or older, and a person 18 years of
34age or older may, without a prescription or license, obtainbegin delete 30 or
35fewerend delete
hypodermic needles and syringes solely for personal use
36from a physician or pharmacist.

37(c) Notwithstanding any other provision of law, a pharmacist,
38veterinarian, or person licensed pursuant to Section 4141 may,
39without a prescription or license, furnish hypodermic needles and
40syringes for use on animals, and a person may, without a
P4    1prescription or license, obtain hypodermic needles and syringes
2from a pharmacist, veterinarian, or person licensed pursuant to
3Section 4141 for use on animals, providing that no needle or
4syringe shall be furnished to a person who is unknown to the
5furnisher and unable to properly establish his or her identity.

6(d) A pharmacy that furnishes nonprescription hypodermic
7needles and syringes shall store hypodermic needles and syringes
8in a manner that ensures that they are available only to authorized
9personnel, and are not accessible to other persons.

10(e) In order to provide for the safe disposal of hypodermic
11needles and syringes, a pharmacy or hypodermic needle and syringe
12exchange program that furnishes nonprescription hypodermic
13needles and syringes shall provide consumers with one or more
14of the following disposal options:

15(1) It shall establish an onsite, safe, hypodermic needle and
16syringe collection and disposal program that meets applicable state
17and federal standards for collection and disposal of medical sharps
18waste.

19(2) It shall furnish, or make available, mail-back sharps
20containers authorized by the United States Postal Service that meet
21applicable state and federal requirements for the transport of
22medical sharps waste, and shall provide tracking forms to verify
23destruction at a certified disposal facility.

24(3) It shall furnish, or make available, a sharps container that
25meets applicable state and federal standards for collection and
26disposal of medical sharps waste.

27(f) A pharmacy that furnishes nonprescription syringes shall
28provide written information or verbal counseling to consumers at
29the time of furnishing or sale of nonprescription hypodermic
30needles or syringes on how to do the following:

31(1) Access drug treatment.

32(2) Access testing and treatment for HIV and hepatitis C.

33(3) Safely dispose of sharps waste.

begin delete

34(g) This section shall remain in effect only until January 1, 2015,
35and as of that date is repealed, unless a later enacted statute, that
36is enacted before January 1, 2015, deletes or extends that date.

end delete
37

SEC. 5.  

Section 4148 of the Business and Professions Code is
38repealed.

begin delete
39

4148.  

(a) All stocks of hypodermic needles or syringes shall
40be confiscated if found outside the licensed premises of any person
P5    1holding a permit under Section 4141 and found not in the
2possession or under the control of a person entitled to an exemption
3under Section 4143, 4144, or 4145.

4(b) This section shall be inoperative until January 1, 2015.

end delete
5

SEC. 6.  

Section 4148.5 of the Business and Professions Code
6 is amended to read:

7

4148.5.  

begin delete(a)end deletebegin deleteend deleteAll stocks of hypodermic needles or syringes shall
8be confiscated if found outside the licensed premises of any person
9holding a permit under Section 4141 and found not in the
10possession or under the control of a person entitled to an exemption
11under Section 4143,begin delete 4144,end deletebegin insert 4144.5,end insert or 4145.5, or under Section
1211364.5, 121349, or 121349.1 of the Health and Safety Code.

begin delete

13(b) This section shall remain in effect only until January 1, 2015,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2015, deletes or extends that date.

end delete
16

SEC. 7.  

Section 4149.5 of the Business and Professions Code
17 is repealed.

begin delete
18

4149.5.  

(a) Local authorizations related to Sections 4144,
194145, and 4148 of this code and Sections 11364 and 121285 of
20the Health and Safety Code shall be inoperative until January 1,
212015.

22(b) Local authorizations related to Sections 4144, 4145, and
234148 of this code and Sections 11364 and 121285 of the Health
24and Safety Code shall again become operative on January 1, 2015,
25unless the city, county, or city and county acts to remove the
26authorization.

end delete
27

SEC. 8.  

Section 11364 of the Health and Safety Code is
28repealed.

begin delete
29

11364.  

(a) It is unlawful to possess an opium pipe or any
30device, contrivance, instrument, or paraphernalia used for
31unlawfully injecting or smoking (1) a controlled substance specified
32in subdivision (b), (c), or (e) or paragraph (1) of subdivision (f) of
33Section 11054, specified in paragraph (14), (15), or (20) of
34subdivision (d) of Section 11054, specified in subdivision (b) or
35(c) of Section 11055, or specified in paragraph (2) of subdivision
36(d) of Section 11055, or (2) a controlled substance which is a
37narcotic drug classified in Schedule III, IV, or V.

38(b) This section shall not apply to hypodermic needles or
39syringes that have been containerized for safe disposal in a
P6    1container that meets state and federal standards for disposal of
2sharps waste.

3(c) Pursuant to authorization by a county, with respect to all of
4the territory within the county, or a city, with respect to the territory
5within the city, for the period commencing January 1, 2005, and
6ending December 31, 2018, subdivision (a) shall not apply to the
7possession solely for personal use of 10 or fewer hypodermic
8needles or syringes if acquired from an authorized source.

9(d) This section shall be inoperative until January 1, 2015.

end delete
10

SEC. 9.  

Section 11364.1 of the Health and Safety Code is
11amended to read:

12

11364.1.  

(a) It is unlawful to possess an opium pipe or any
13device, contrivance, instrument, or paraphernalia used for
14unlawfully injecting or smoking (1) a controlled substance specified
15in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f)
16of Section 11054, specified in paragraph (14), (15), or (20) of
17subdivision (d) of Section 11054, specified in subdivision (b) or
18(c) of Section 11055, or specified in paragraph (2) of subdivision
19(d) of Section 11055, or (2) a controlled substance which is a
20narcotic drug classified in Schedule III, IV, or V.

21(b) This section shall not apply to hypodermic needles or
22syringes that have been containerized for safe disposal in a
23container that meets state and federal standards for disposal of
24sharps waste.

25(c) As a public health measure intended to prevent the
26transmission of HIV, viral hepatitis, and other bloodborne diseases
27among persons who use syringes and hypodermic needles, and to
28prevent subsequent infection of sexual partners, newborn children,
29or other persons, this section shall not apply to the possession
30solely for personal use ofbegin delete 30 or fewerend delete hypodermic needles or
31syringes if acquired from a physician, pharmacist, hypodermic
32needle and syringe exchange program, or any other source that is
33authorized by law to provide sterile syringes or hypodermic needles
34without a prescription.

begin delete

35(d) This section shall remain in effect only until January 1, 2015,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2015, deletes or extends that date.

end delete


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