BILL NUMBER: AB 1858 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 15, 2010
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 or her 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 require
the entities to submit an application to the department, would
require a 45 day public comment period, would specify that
participants shall not be subject to criminal prosecution for
possession of needles and syringes acquired under the program, and
would make conforming changes.
The bill would also require the department to allow local
entities to apply for authorization 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 entities that provide services set
forth in paragraph (1) of subdivision (d), apply for
authorization and that under this chapter,
and have sufficient staff and capacity to provide services as
described in Section 121349.1, as determined by the department, 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) In order for an entity to be authorized to conduct a project
pursuant to this chapter by the State Department of Public Health,
its application to the department shall demonstrate that the entity
complies with all of the following minimum standards:
(1) The entity provides, directly or through referral, any of the
following services:
(A) Drug abuse treatment services.
(B) HIV or hepatitis C screening.
(C) Hepatitis A and hepatitis B vaccination.
(D) Screening for sexually transmitted infections.
(E) Housing services for the homeless, for victims of domestic
violence, or other similar housing services.
(F) Services related to provision of education and materials for
the reduction of sexual risk behaviors, including, but not limited
to, the distribution of condoms.
(2) The entity has the capacity to commence needle and syringe
exchange services within three months of authorization.
(3) The entity has adequate funding to do all of the following at
reasonably projected program participation levels:
(A) Provide needles and syringe exchange services for all of its
participants.
(B) Provide HIV and viral hepatitis prevention education services
for all of its participants.
(C) Provide for the safe recovery and disposal of used syringes
and sharps waste from all of its participants.
(4) The entity has the capacity, and an established plan, to
collect evaluative data in order to assess program impact, including,
but not limited to, all of the following:
(A) The total number of persons served.
(B) The total number of syringes and needles distributed,
recovered, and disposed of.
(C) The total numbers and types of referrals to drug treatment and
other services.
(5) If the application is provisionally deemed appropriate by the
State Department of Public Health the department shall, at least 45
days prior to approval of the application, provide for a period of
public comment as follows:
(A) Post on the department's Internet Web site the name of the
applicant, the nature of the services, and the location where the
applying entity will provide the services.
(B) Send a written and an electronic mail notice to the local
public health officer of the affected jurisdiction.
(d)
(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).
(e)
(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. 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.
Program participants shall not be subject to criminal
prosecution for possession of needles or syringes acquired from an
authorized needle and syringe exchange project entity.
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.