BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1858|
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THIRD READING
Bill No: AB 1858
Author: Blumenfield (D), et al
Amended: 8/18/10 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 5-3, 6/30/10
AYES: Cedillo, Leno, Negrete McLeod, Pavley, Romero
NOES: Alquist, Strickland, Aanestad
NO VOTE RECORDED: Cox
SENATE APPROPRIATIONS COMMITTEE : 7-4, 8/12/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Ashburn, Emmerson, Walters, Wyland
ASSEMBLY FLOOR : 44-29, 5/13/10 - See last page for vote
SUBJECT : Hypodermic needles and syringes: exchange
services
SOURCE : Drug Policy Alliance
DIGEST : This bill permits the Department of Public
Health (DPH) to authorize entities to provide hypodermic
needle and syringe exchange programs in any location DPH
determines is necessary.
ANALYSIS : Existing law:
1.Regulates the sale, possession, and disposal of
hypodermic needles and syringes; and requires a
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prescription to purchase a hypodermic needle or syringe
for human use, except to administer adrenaline or
insulin.
2.Permits a clean needle and syringe exchange project 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. Permits a county or a city with or
without a health department to authorize a clean needle
and syringe exchange project in consultation with DPH, as
specified. Requires local government, local public health
officials, and law enforcement to be given the
opportunity to comment on syringe exchange programs on an
annual basis. Requires the public to be given the
opportunity to provide input to local leaders to ensure
that any potential adverse impacts on the public welfare
of syringe exchange programs are addressed and mitigated.
3.Prohibits providers participating in an exchange project
authorized by a county or city from being subject to
criminal prosecution for possession of needles or
syringes during participation in an exchange project.
This bill:
1.Requires DPH and any city, county, or city and county
that would authorize a syringe exchange program, as
recommended by the United States Public Health Service,
to establish the program subject to available funding and
as part of a comprehensive network or services intended
to combat the spread of HIV and bloodborne Hepatitis
infection among injection drug users. An entity's
application to DPH would be required to demonstrate its
ability to provide certain syringe exchange program
services as well as specified education services
regarding the prevention of Hepatitis B, HIV, and
sexually risky behaviors.
2.Exempts staff and volunteers participating in the
authorized program from any law related to the
possession, furnishing, or transfer of hypodermic needles
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or syringes during participation in the program.
Additionally, program participants would be immune from
criminal prosecution for the possession of needles or
syringes acquired from an authorized program.
3.Requires DPH to report biennially, instead of annually,
to a local health officer on programs it authorized.
4.Sunsets December 31, 2018, and requires DPH to report to
the appropriate fiscal and policy committees of the
Legislature no later than July 1, 2016, on the activities
of the program.
Background
Injection drug use (IDU) is the second leading cause of HIV
transmission and the leading cause of the hepatitis C virus
(HCV) in California. According to DPH's Office of AIDS, in
2009 IDU was associated with 19 percent of the 190,000
reported HIV/AIDS cases, and it is estimated that
approximately 750 new HIV infections may be attributed to
IDU each year. The link between IDU and HIV transmission is
particularly strong for women and minorities. It is also
estimated that at least 60 percent of prevalent cases of
HCV infection are associated with IDU. In 2008, 36 acute
HCV infections and 69,519 unique chronic HCV cases were
reported in California, and HCV-related deaths in the state
more than doubled from 503 in 1995 to 1,195 in 2004. Public
health experts, including the federal Centers for Disease
Control and Prevention, have identified access to sterile
syringes as one component of a comprehensive HIV prevention
strategy designed to reduce HIV transmission among IDUs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
CDPH regulations and $45 $35 $35 Federal*
ongoing administration
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2013-14 2014-15
$30 - $170 $30 -
$170Federal*
*Centers for Disease Control and Prevention Cooperative
Agreement Funds
SUPPORT : (Verified 8/18/10)
Drug Policy Alliance (source)
AIDS Project Los Angeles
American Civil Liberties Union
California Association of Alcohol and Drug Program
Executives, Inc.
California Hepatitis Alliance California Opioid Maintenance
Providers Common Ground - The Westside HIV Community Center
Homeless Health Care Los Angeles
OPPOSITION : (Verified 8/18/10)
California Narcotic Officers' Association
California Peace Officers' Association
California Police Chiefs Association
ARGUMENTS IN SUPPORT : Supporters of this bill write that
over 200 studies from the United States and abroad concur
that improved syringe access reduces the rate of HIV
transmission, without increasing rates of drug use, drug
injection or crime. Supporters further state that NEPs
reduce the number of syringes found in community settings
and link people to treatment and other services. The
supporters assert that science shows overwhelmingly that
NEPs save lives without increasing drug use or crime, and
that preventing new infections is sound fiscal policy.
ARGUMENTS IN OPPOSITION : Opponents write that each
community should retain sovereignty concerning these
important matters as there have been too many instances of
needle users dumping needles in the shelves of stores and
in parking lots adjacent to stores, and one instance where
a needle user, caught for shoplifting, threatened to stick
the store manager with a needle.
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ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,
Feuer, Fong, Fuentes, Galgiani, Hall, Hayashi, Hernandez,
Hill, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma,
Mendoza, Monning, V. Manuel Perez, Portantino, Ruskin,
Saldana, Solorio, Swanson, Torlakson, Torres, Torrico,
Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, DeVore, Emmerson, Fletcher,
Fuller, Gaines, Garrick, Gilmore, Harkey, Huber,
Jeffries, Knight, Logue, Miller, Nestande, Niello,
Nielsen, Norby, Silva, Smyth, Audra Strickland, Tran,
Villines
NO VOTE RECORDED: Caballero, Furutani, Hagman, Nava,
Salas, Skinner
CTW:nl 8/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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