BILL NUMBER: AB 1858 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2010
AMENDED IN ASSEMBLY APRIL 13, 2010
AMENDED IN ASSEMBLY MARCH 24, 2010
INTRODUCED BY Assembly Member Blumenfield
(Coauthors: Assembly Members Ammiano, Monning, and Skinner)
FEBRUARY 12, 2010
An act to amend Sections 121349, 121349.1, 121349.2, and 121349.3
of the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1858, as amended, Blumenfield. 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 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 certain entities, that meet prescribed conditions, 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 infection spread through the sharing
of used hypodermic needles and syringes.
The bill would also require the department to allow local entities
to apply for authorization to provide hypodermic needle and
syringe exchange services 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 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 infections, the
State Department of Public Health may, notwithstanding any other
provision of law, authorize clinics
entities that apply for authorization and that have sufficient
staff and capacity to provide services as described in Section
121349.1, as determined by the department, or other entities
that apply for authorization, to provide hypodermic needle
and syringe exchange services consistent with state and federal
standards, including those of the United States Public Health
Service, 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 infection spread through the
sharing of used hypodermic needles and syringes.
(d) 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).
(e) The authorization provided under this section shall only be
for a clean needle and syringe exchange project as described in
Section 121349.1.
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 authorize the exchange of clean hypodermic
needles and syringes, as recommended by the United States Public
Health Service, 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 any 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. 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 a 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. 4. Section 121349.3 of the Health and Safety Code is amended
to read:
121349.3. The health officer of the participating jurisdiction
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 ensure 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 health officer based on the reports to the department from
service providers within the jurisdiction of the local health
officer.