BILL ANALYSIS
AB 1701
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1701 (Chesbro)
As Amended August 20, 2010
Majority vote
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|ASSEMBLY: |49-27|(April 5, 2010) |SENATE: |22-13|(August 25, |
| | | | | |2010) |
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Original Committee Reference: HEALTH
SUMMARY : 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.
The Senate amendments :
1)Extend the sunset date of provisions in existing law related
to the furnishing of hypodermic needles of syringes without a
prescription under the DPDP to December 31, 2018.
2)Make the provisions of this bill operative only if SB 1029
(Yee) is enacted and takes effect on or before January 1,
2011.
AS PASSED BY THE ASSEMBLY , this bill deleted the sunset date for
the DPDP, in effect establishing the program indefinitely.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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
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.
AB 1701
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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
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
AB 1701
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unsafe discard of syringes is currently under review by the
department.
SB 1029 (Yee) repeals the DPDP and permits pharmacists and
physicians to distribute to individuals, and individuals to
receive, up to 30 needles without a prescription solely for
personal use, as specified.
See the policy committee analysis for further information on
this bill.
Analysis Prepared by : Melanie Moreno / HEALTH / (916)
319-2097
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