BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1701|
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THIRD READING
Bill No: AB 1701
Author: Chesbro (D)
Amended: 8/2/10 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 6-1, 6/23/10
AYES: Alquist, Cedillo, Leno, Negrete McLeod, Pavley,
Romero
NOES: Aanestad
NO VOTE RECORDED: Strickland, Cox
ASSEMBLY FLOOR : 49-27, 4/5/10 - See last page for vote
SUBJECT : Hypodermic needles and syringes
SOURCE : Health Officers Association of California
DIGEST : This bill extends, until December 31, 2018, the
Disease Prevention Demonstration Project, 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.
ANALYSIS :
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
CONTINUED
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for human use, except to administer adrenaline or
insulin.
2. 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 (LHD) in the Disease Prevention
Demonstration Project (DPDP) until December 31, 2010.
3. Prohibits the possession and sale of drug paraphernalia;
but until December 31, 2010, 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.
This bill:
1. Extends until December 31, 2018, the sunset date 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 LHD.
2. Extends until December 31, 2018, the sunset date 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.
Background
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 percent 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 percent of prevalent cases of HCV infection are
associated with IDU. In 2008, 36 acute HCV infections and
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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
posses 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/2/10)
Health Officers Association of California (source)
AIDS Project Los Angeles
California Psychiatric Association
County Health Executives Association of California
Drug Policy Alliance
San Luis Obispo County Health Officer
Santa Clara County Board of Supervisors
Santa Clara County Health Officer
Santa Cruz County Health Services Agency
OPPOSITION : (Verified 8/2/10)
California Correctional Supervisors Organization
California Narcotic Officers Association
ARGUMENTS IN SUPPORT : The Health Officers Association of
California, the sponsor of this bill, writes that this bill
protects 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
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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 complements
existing harm reduction programs that seek to reduce the
use of dirty needles, such as their County's needle
exchange program. The Drug Policy Alliance writes that
allowing adults to purchase sterile syringes without a
prescription at community pharmacies 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.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Bass, Beall, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Carter, Chesbro, Coto, Davis, De La Torre, De Leon, Eng,
Evans, Feuer, Fong, Fuentes, Galgiani, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jones, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, V. Manuel Perez,
Portantino, Ruskin, Salas, Saldana, Skinner, Solorio,
Swanson, Torlakson, Torres, Torrico, Yamada, John A.
Perez
NOES: Anderson, Bill Berryhill, Tom Berryhill, Conway,
Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,
Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight,
Logue, Miller, Nestande, Niello, Nielsen, Norby, Silva,
Smyth, Audra Strickland, Tran, Villines
NO VOTE RECORDED: Blakeslee, Charles Calderon, Furutani,
Vacancy
CTW:do 8/2/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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