BILL NUMBER: AB 1858 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 24, 2010
PASSED THE ASSEMBLY AUGUST 26, 2010
AMENDED IN SENATE AUGUST 18, 2010
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, repeal, and add Sections 121349, 121349.1,
121349.2, and 121349.3 of, and to add and repeal Section 121349.4 to,
the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1858, 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, until January 1, 2016, 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, until January 1, 2016, 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, until January 1, 2016, require the department
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, until January 1, 2016,
change related hearing requirements from annually to biennially. The
bill would, until January 1, 2016, require the department to report
to certain committees of the Legislature, as prescribed.
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 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.
(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).
(f) The authorization provided under this section shall only be
for a clean needle and syringe exchange project as described in
Section 121349.1.
(g) This section shall become inoperative on January 1, 2016, and
as of that date is repealed.
SEC. 2. Section 121349 is added to the Health and Safety Code, 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
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) The authorization provided under this section shall only be
for a clean needle and syringe exchange project as described in
Section 121349.1.
(d) This section shall become operative on January 1, 2016.
SEC. 3. 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, 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 not be subject to criminal prosecution for
possession of needles or syringes acquired from an authorized needle
and syringe exchange project entity.
(b) This section shall become inoperative on January 1, 2016, and
as of that date is repealed.
SEC. 4. Section 121349.1 is added to the Health and Safety Code,
to read:
121349.1. (a) 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 Public Health, 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. Providers participating in an exchange project authorized by
the county, city, or city and county pursuant to this chapter shall
not be subject to criminal prosecution for possession of needles or
syringes during participation in an exchange project.
(b) This section shall become operative on January 1, 2016.
SEC. 5. Section 121349.2 of the Health and Safety Code is amended
to read:
121349.2. (a) 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.
(b) This section shall become inoperative on January 1, 2016, and
as of that date is repealed.
SEC. 6. Section 121349.2 is added to the Health and Safety Code,
to read:
121349.2. (a) 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 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.
(b) This section shall become operative on January 1, 2016.
SEC. 7. Section 121349.3 of the Health and Safety Code is amended
to read:
121349.3. (a) 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.
(b) This section shall become inoperative on January 1, 2016, and
as of that date is repealed.
SEC. 8. Section 121349.3 is added to the Health and Safety Code,
to read:
121349.3. (a) The health officer of the participating
jurisdiction shall present annually 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.
(b) This section shall become operative on January 1, 2016.
SEC. 9. Section 121349.4 is added to the Health and Safety Code,
to read:
121349.4. (a) Notwithstanding Sections 9795 and 10231.5 of the
Government Code, the State Department of Public Health shall,
commencing not later than November 1, 2014, submit to the Senate
Committee on Budget and Fiscal Review, and Assembly Committee on
Budget, the Senate and the Assembly Committees on Health, and the
Joint Legislative Budget Committee, all biennial reports made to open
meetings of county boards of supervisors or city councils pursuant
to Section 121349.2, and the number and location of all programs
authorized by the department since January 1, 2011.
(b) This section shall remain in effect only until January 1,
2016, and as of that date is repealed.