BILL ANALYSIS �
SB 41
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Date of Hearing: July 13, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 41 (Yee) - As Amended: June 28, 2011
Policy Committee: HealthVote:12-6
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill authorizes pharmacists and physicians to distribute up
to 30 hypodermic needles and syringes to individuals for
personal use without a prescription until January 1, 2015. In
addition, this bill:
1)Until January 1, 2015, suspends provisions of a pilot program
that authorizes pharmacy sale of hypodermic needles and
syringes in localities that have chosen to opt in to the
program.
2)Until January 1, 2015, specifies the circumstances under which
needles and syringes may be distributed.
3)Repeals a prohibition on possession of needles and syringes.
4)Requires the Office of AIDS within the California Department
of Public Health and the California Board of Pharmacy to
provide specified information on their websites.
FISCAL EFFECT
Minor, absorbable workload costs to the Department of Public
Health Office of AIDS and the California Board of Pharmacy to
provide specified information on their websites, and to continue
oversight of the sale and disposal of needles and syringes.
COMMENTS
1)Rationale . This bill is co-sponsored by the Drug Policy
Alliance and the San Francisco AIDS Foundation to increase the
availability of sterile needles and syringes and to reduce HIV
SB 41
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infection rates.
2)Background . In California, injection drug use is the second
largest risk factor for HIV infection, accounting for
approximately 20% of all reported HIV infections. The link
between injection drug use and HIV transmission is
particularly strong for women and people of color. Public
health experts have identified access to sterile needles and
syringes as a key component of a comprehensive HIV prevention
strategy. This bill expands a current law program to increase
their availability.
3)DPH Report . In July 2010, DPH published a statutorily
required report evaluating a pilot program established by SB
1159 (Vasconcellos), Chapter 608, Statutes of 2004. The pilot
program authorized local jurisdictions to allow pharmacy sale
of hypodermic needles and syringes; 17 local jurisdictions
chose to participate. Key findings were as follows:
a) The rate of syringe sharing among injection drug users
(IDUs) was lower in cities and counties that authorized
nonprescription syringe.
b) No change was detected in levels of unsafe discard of
used syringes, drug-related crime, or needle-stick injuries
to law enforcement officers.
These findings were largely consistent with findings of other
studies evaluating programs that improve access to sterile
needles and syringes. In addition, the report notes that
requiring a vote of local governments, as well as requiring
specified actions by local health departments and pharmacists
before and during the pilot, were significant cost barriers to
implementation. This bill would remove these barriers by
authorizing pharmacy sale statewide.
1)Related Legislation .
a) SB 1029 (Yee), 2010, was substantially similar to SB 41.
SB 1029 was vetoed due to concerns about undermining local
control.
b) AB 604 (Skinner) permits DPH to authorize entities to
provide hypodermic needle and syringe exchange services.
AB 604 is pending in the Senate Appropriations committee.
SB 41
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c) AB 1858 (Blumenfield) of 2010 was substantially similar
to AB 604. AB 1858 was vetoed due to concerns about
undermining local control.
d) SB 1159 (Vasconcellos), Chapter 608, Statutes of 2004
established the Disease Prevention Demonstration Project
(DPDP) to evaluate the effectiveness of allowing licensed
pharmacists to furnish hypodermic needles and syringes to
reduce the transmission of blood-borne pathogens.
e) AB 1701 (Chesbro), Chapter 667, Statues of 2010 removed
the sunset on the DPDP.
Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081