BILL ANALYSIS
AB 1701
Page 1
ASSEMBLY THIRD READING
AB 1701 (Chesbro)
As Amended February 1, 2010
Majority vote
HEALTH 14-4
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|Ayes:|Monning, Adams, Ammiano, |
| |Carter, De La Torre, De |
| |Leon, Eng, Hayashi, |
| |Hernandez, Jones, Bonnie |
| |Lowenthal, Nava, V. |
| |Manuel Perez, Salas |
| | |
|-----+--------------------------|
|Nays:|Conway, Emmerson, Gaines, |
| | Audra Strickland |
| | |
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SUMMARY : Establishes, indefinitely, 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. Specifically, this bill deletes the
December 31, 2010 sunset date:
1)For the DPDP, under which a city or county is permitted to
authorize a licensed pharmacist to sell or furnish 10 or fewer
hypodermic needles or syringes to a person for use without a
prescription if the pharmacy is registered with a local health
department (LHD).
2)In current law that permits a person, with authorization by a
city or county, to possess 10 or fewer hypodermic needles or
syringes if acquired through an authorized source.
FISCAL EFFECT : None
COMMENTS : According to the author, in response to the growing
epidemic of AIDS and other infection related diseases in 2004
California launched a new pilot program, the DPDP, which has
allowed over 650 pharmacies the ability to provide the
opportunity of syringe sale while providing injection drug users
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with health materials, important information, and links to care.
The author states participants remain positive and enthusiastic
and research has shown that there is no evidence of negative
effects of the program.
Injection drug use (IDU) is the second leading cause of HIV
transmission and the leading cause of the hepatitis C virus
(HCV) in California. According to the California Department of
Public Health's (DPH) Office of AIDS, in 2009 IDU was associated
with 19% of the 190,000 reported HIV/AIDS cases, and it is
estimated that approximately 750 new HIV infections may be
attributed to IDU each year. The link between IDU and HIV
transmission is particularly strong for women and minorities.
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.
Public health experts, including the Centers for Disease Control
and Prevention, have identified access to sterile syringes as
one component of a comprehensive HIV prevention strategy
designed to reduce HIV transmission among IDUs. In the last ten
years, a number of national organizations have endorsed
deregulation to allow IDUs to purchase and possess syringes and
needles without a prescription, including the American Medical
Association, the American Pharmaceutical Association, the
National Association of Boards of Pharmacy, the National
Alliance of State and Territorial AIDS Directors, and the
Association of State and Territorial Health Officials.
SB 1159 (Vasconcellos), Chapter 608, Statutes of 2004,
established a five-year pilot program to allow California
pharmacies, when authorized by a local government, to sell up to
10 syringes to adults without a prescription. According to the
Office of AIDS, 15 counties and four cities have authorized a
DPDP. Two other counties are planning to implement the program
and four County Boards of Supervisors have rejected
authorization of a DPDP. According to DPH, implementation of SB
1159 has rolled out smoothly in most participating local health
jurisdictions. Participating counties and cities have been
positive about the opportunities to form new collaborations, to
address the issue of syringe disposal, to provide syringe
purchasers with essential health information, and to enlist
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pharmacies in public health efforts. To date, research
conducted on the program has found no evidence of increased
crime or syringe litter. A report based on DPH's evaluation of
the pilot project and the impact of syringe sales on rates of
disease, rates of crime, rates of drug use, rates of
needle-stick injury to law enforcement officers, and rates of
unsafe discard of syringes is currently under review by the
department.
The Health Officers Association of California writes that this
bill will protect public health without sacrificing public
safety as numerous scientific studies have found that safe
access to syringes does not lead to increased drug use. The
County Health Executives Association of California states that
allowing DPDP to continue will likely continue to reduce the
number of new infections across the state. AIDS Project Los
Angeles writes that a 2001 study of 96 U.S. cities found that
the rate of HIV among IDUs was twice as high in the cities that
prohibited the sale of syringes without a prescription compared
to cities that did not have such a prohibition. The Santa Clara
County Board of Supervisors states that this bill is an
appropriate response to a genuine public health threat and would
complement existing harm reduction programs that seek to reduce
the use of dirty needles. The Drug Policy Alliance writes that
allowing adults to purchase sterile syringes without a
prescription is a sound public health strategy endorsed by
virtually every major health organization, including the
American Medical Association, Institute of Medicine, American
Pharmacists Association, and the National Alliance of State and
Territorial AIDS Directors.
The California Narcotic Officers Association writes that an
indefinite lifting of the sunset on DPDP does not take
sufficient account of some of the incidents that have occurred
in connection with non-prescription needle furnishing, including
irresponsible disposal of needles and a "magnet effect," in
which some retail outlets that furnish needles without a
prescription have become magnets for drug addicts and dealers.
California Correctional Supervisors Organization states that
DPDP is directed at illegal drug users and how they have not
demonstrated care and concern for their own bodies, thus we are
ill advised to think they will properly dispose of dangerous
needles and syringes.
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See the policy committee analysis for further information on
this bill.
Analysis Prepared by : Melanie Moreno / HEALTH / (916)
319-2097
FN: 0003799