BILL NUMBER: AB 1858	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 24, 2010

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,   An act to amend Sections 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 amended, Blumenfield.  Bloodborne disease
prevention: sterile syringes and needles.   Hypodermic
needles and syringes: exchange services. 
   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.
 
   Existing law authorizes a clean needle and syringe exchange
project in any city and county, county, or city, as specified. 
   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.  
  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) 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 30 or fewer hypodermic needles or syringes if
acquired from 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 1.   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 reduce the spread of HIV infection and bloodborne
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 
 blood-borne  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) 
    (e)  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  pursuant to subdivision (c)  .

   (g) 
    (f)  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.   SEC. 2.  Section 121349.1 of
the Health and Safety Code is amended to read:
   121349.1.  The State Department of Public Health, or a city and
county, or a county, or a city with or without a health department
 , in consultation with the State Department of Public Health
 , that acts to authorize a clean needle and syringe exchange
project pursuant to this chapter  shall, in consultation with
the Office of AIDS,   shall  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 bloodborne hepatitis infection among injection drug users. 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 transfer of hypodermic
needles or syringes during participation in an exchange project. 
Program participants shall be allowed to possess syringes consistent
with Section 11364. 
   SEC. 6.   SEC. 3.   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 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.   SEC. 4.   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 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 bloodborne 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.