BILL NUMBER: AB 1858 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Blumenfield
(Coauthor: Assembly Member Monning)
FEBRUARY 12, 2010
An act to amend Section 4148 of, and to repeal Section 4140 of,
the Business and Professions Code, and to amend Sections 11364,
121349, 121349.1, 121349.2, and 121349.3 of, and to add Section
121349.4 to, the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1858, as introduced, Blumenfield. Bloodborne disease
prevention: sterile syringes and needles.
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 control any hypodermic needle or syringe, except in
accordance with those regulatory provisions.
Existing law which terminates December 31, 2010, authorizes a
county or city 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 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.
This bill would delete the prohibition against any person
possessing or having under his or her control any hypodermic needle
or syringe, would recast related provisions to delete the requirement
of authorization by a county or city, delete the December 31, 2010,
end date, and to exempt 30 or fewer hypodermic needles and syringes
for human use obtained or possessed without a prescription or
license, from the prohibitions, and would make conforming changes.
This bill would permit the State Department of Public Health to
authorize entities to provide hypodermic needle and syringe exchange
services in any location where the department determines that the
conditions exist for the rapid spread of HIV, viral hepatitis, or any
other potentially deadly or disabling infections that are spread
through the sharing of used hypodermic needles and syringes. The bill
would specify that prescribed provisions relating to syringe and
needle exchange programs do not prevent a physician and surgeon from
prescribing syringes and needles to patients.
The bill would also require the department to establish a process
to allow local entities to apply for authorization to provide
hypodermic needle and syringe exchange services, to establish
reporting standards for these entities, and to establish and maintain
on its Internet Web site the address and contact information of
programs providing hypodermic needle and syringe exchange services.
The bill would change related hearing requirements from annually to
biennially.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4140 of the Business and Professions Code is
repealed.
4140. No person shall possess or have under his or her control
any hypodermic needle or syringe except when acquired in accordance
with this article.
SEC. 2. Section 4148 of the Business and Professions Code is
amended to read:
4148. 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 , or under Section 11364, 121349, or
121349.1 of the Health and Safety Code .
SEC. 3. 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, 2010, subdivision (a)
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,
subdivision (a) shall not apply to the possession solely for
personal use of 10 30 or fewer
hypodermic needles or syringes if acquired from an
authorized source a physician, pharmacist, pharmacist
technician, 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 .
SEC. 4. Section 121349 of the Health and Safety Code is amended to
read:
121349. (a) The Legislature finds and declares that scientific
data from needle exchange programs in the United States and in Europe
have shown that the exchange of used hypodermic needles and syringes
for clean hypodermic needles and syringes does not increase drug use
in the population, can serve as an important bridge to treatment and
recovery from drug abuse, and can curtail the spread of human
immunodeficiency virus (HIV) infection among the intravenous drug
user population.
(b) In order to attempt to reduce the spread of
HIV infection and blood-borne hepatitis among the intravenous drug
user population within California, the Legislature hereby authorizes
a clean needle and syringe exchange project pursuant to this chapter
in any city and county, county, or city upon the action of a county
board of supervisors and the local health officer or health
commission of that county, or upon the action of the city council,
the mayor, and the local health officer of a city with a health
department, or upon the action of the city council and the mayor of a
city without a health department.
(c) In order to reduce the spread of HIV infection, viral
hepatitis, and other potentially deadly bloodborne infections, the
State Department of Public Health may, notwithstanding any provision
of law, authorize and register clinics, health services
organizations, community-based organizations, or other entities to
provide hypodermic needle and syringe exchange services in any
location where the department determines that the conditions exist
for the rapid spread of HIV, viral hepatitis, or any other
potentially deadly or disabling infections that are spread through
the sharing of used hypodermic needles and syringes.
(d) The State Department of Public Health shall, in addition to
activity authorized pursuant to subdivision (c), establish a process
to allow local entities to apply for authorization to provide
hypodermic needle and syringe exchange services.
(e) The department shall establish reporting standards for
entities authorized to provide hypodermic needle and syringe exchange
services.
(f) The State Department of Public Health shall establish and
maintain on its Internet Web site the address and contact information
of programs providing hypodermic needle and syringe exchange
services.
(c)
(g) The authorization provided under this section shall
only be for a clean needle and syringe exchange project as described
in Section 121349.1
SEC. 5. Section 121349.1 of the Health and Safety Code is amended
to read:
121349.1. A The State Department of
Public Health, or a city and county, or a county, or a city
with or without a health department, that acts to authorize a clean
needle and syringe exchange project pursuant to this chapter shall,
in consultation with the State Department of Health Services
Office of AIDS , authorize the exchange of clean
hypodermic needles and syringes, as recommended by the United States
Secretary of Health and Human Services, subject to the availability
of funding, as part of a network of comprehensive services, including
treatment services, to combat the spread of HIV and blood-borne
hepatitis infection among injection drug users. Providers
Staff and volunteers participating in an
exchange project authorized by the state, county, city, or
city and county pursuant to this chapter shall not be subject to
criminal prosecution for violation of Section 11364.7 or any
other law related to the possession , furnishing, or
transfe r of hypodermic needles or
syringes during participation in an exchange project.
SEC. 6. Section 121349.2 of the Health and Safety Code is amended
to read:
121349.2. Local government, local public health officials, and
law enforcement shall be given the opportunity to comment on clean
needle and syringe exchange programs on an annual
biennial basis. The public shall be given the opportunity
to provide input to local leaders to ensure that any potential
adverse impacts on the public welfare of clean needle and syringe
exchange programs are addressed and mitigated.
SEC. 7. Section 121349.3 of the Health and Safety Code is amended
to read:
121349.3. The health officer of the participating jurisdiction
or a representative of the Office of AIDS shall
present annually biennially at an open
meeting of the board of supervisors or city council a report
detailing the status of clean needle and syringe exchange programs
, including, but not limited to, relevant statistics on
blood-borne infections associated with needle sharing activity and
the use of public funds for these programs. Law enforcement,
administrators of alcohol and drug treatment programs, other
stakeholders, and the public shall be afforded ample opportunity to
comment at this annual meeting. The notice to the public shall be
sufficient to assure adequate participation in the meeting by the
public. This meeting shall be noticed in accordance with all state
and local open meeting laws and ordinances, and as local officials
deem appropriate. For hypodermic needle and syringe exchange
services authorized by the State Department of Public Health, a
biennial report shall be provided by the department to the local
public health officer based on the reports to the department from
service providers within the jurisdiction of the local public health
officer.
SEC. 8. Section 121349.4 is added to the Health and Safety Code,
to read:
121349.4. Nothing in this chapter shall prevent a physician and
surgeon from furnishing sterile hypodermic needles and syringes or
prescribing hypodermic needles and syringes to a person in order to
prevent the transmission of a communicable disease or as part of
patient medical care.