Amended in Senate May 27, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1743

Introduced by Assembly Member Ting

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(Coauthor: Senator Monning)

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February 14, 2014

An act to amend Sections 4144.5, 4145.5, and 4148.5 of, and to repeal Sections 4144, 4145, 4148, and 4149.5 of, the Business and Professions Code, and to amend Section begin delete 11364.1 end delete begin insert 11364 end insert of, and to repeal Section begin delete 11364 end delete begin insert 11364.1 end insert of, the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

AB 1743, as amended, Ting. Hypodermic needles and syringes.

Existing law, until January 1, 2015, authorizes a pharmacist or physician to furnish 30 or fewer hypodermic needles and syringes for human use to a person 18 years of age or older solely for his or her personal use.

This bill would delete that January 1, 2015, date of repeal and would begin insert , until January 1, 2021, end insert authorize a pharmacist or physician to provide an unlimited number of hypodermic needles and syringes to a person 18 years of age or older solely for his or her personal use.

Under existing law it is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphanelia used for unlawfully injecting or smoking specified controlled substances. Existing law, until January 1, 2015, exempts from this prohibition the possession of 30 or fewer hypodermic needles and syringes if acquired from an authorized source begin insert , and from January 1, 2015, through December 31, 2018, inclusive, exempts from this prohibition possession solely for personal use of 10 or fewer hypodermic needles or syringes if acquired from an authorized source end insert .

This bill would begin delete delete that January 1, 2015, date of repeal and would end delete begin insert , instead, and until January 1, 2021, end insert exempt the possession of any amount of hypodermic needles and syringes that are acquired from an authorized source.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 4144 of the Business and Professions
Code is repealed.

SEC. 2.  

Section 4144.5 of the Business and Professions Code
is amended to read:

4144.5.  

A person may sell or obtain hypodermic needles and
hypodermic syringes without a prescription or permit, for uses that
the board determines are industrial, and that person shall not be
required to comply with Section 4145.5 or 4146.

SEC. 3.  

Section 4145 of the Business and Professions Code is
repealed.

SEC. 4.  

Section 4145.5 of the Business and Professions Code
is amended to read:

4145.5.  

(a) Notwithstanding any other provision of law, a
pharmacist or physician may, without a prescription or a permit,
furnish hypodermic needles and syringes for human use, and a
person may, without a prescription or license, obtain hypodermic
needles and syringes from a pharmacist or physician for human
use, if the person is known to the furnisher and the furnisher has
previously been provided a prescription or other proof of a
legitimate medical need requiring a hypodermic needle or syringe
to administer a medicine or treatment.

(b) Notwithstanding any other provision of law begin insert and until
January 1, 2021 end insert , as a public health measure intended to prevent
the transmission of HIV, viral hepatitis, and other bloodborne
diseases among persons who use syringes and hypodermic needles,
and to prevent subsequent infection of sexual partners, newborn
children, or other persons, a physician or pharmacist may, without
a prescription or a permit, furnish hypodermic needles and syringes
for human use to a person 18 years of age or older, and a person
18 years of age or older may, without a prescription or license,
obtain hypodermic needles and syringes solely for personal use
from a physician or pharmacist.

(c) Notwithstanding any other provision of law, a pharmacist,
veterinarian, or person licensed pursuant to Section 4141 may,
without a prescription or license, furnish hypodermic needles and
syringes for use on animals, and a person may, without a
prescription or license, obtain hypodermic needles and syringes
from a pharmacist, veterinarian, or person licensed pursuant to
Section 4141 for use on animals, providing that no needle or
syringe shall be furnished to a person who is unknown to the
furnisher and unable to properly establish his or her identity.

(d) A pharmacy that furnishes nonprescription hypodermic
needles and syringes shall store hypodermic needles and syringes
in a manner that ensures that they are available only to authorized
personnel, and are not accessible to other persons.

(e) In order to provide for the safe disposal of hypodermic
needles and syringes, a pharmacy or hypodermic needle and syringe
exchange program that furnishes nonprescription hypodermic
needles and syringes shall begin insert counsel consumers on safe disposal and end insert
provide consumers with one or more of the following disposal
options:

(1) It shall establish an onsite, safe, hypodermic needle and
syringe collection and disposal program that meets applicable state
and federal standards for collection and disposal of medical sharps
waste.

(2) It shall furnish, or make available, mail-back sharps
containers authorized by the United States Postal Service that meet
applicable state and federal requirements for the transport of
medical sharps waste, and shall provide tracking forms to verify
destruction at a certified disposal facility.

(3) It shall furnish, or make available, a sharps container that
meets applicable state and federal standards for collection and
disposal of medical sharps waste.

(f)  begin delete A end delete begin insert Until January 1, 2021, a end insert pharmacy that furnishes
nonprescription syringes shall provide written information or verbal
counseling to consumers at the time of furnishing or sale of
nonprescription hypodermic needles or syringes on how to do the
following:

(1) Access drug treatment.

(2) Access testing and treatment for HIV and hepatitis C.

(3) Safely dispose of sharps waste.

SEC. 5.  

Section 4148 of the Business and Professions Code is
repealed.

SEC. 6.  

Section 4148.5 of the Business and Professions Code
is amended to read:

4148.5.  

All stocks of hypodermic needles or syringes shall be
confiscated if found outside the licensed premises of any person
holding a permit under Section 4141 and found not in the
possession or under the control of a person entitled to an exemption
under Section 4143, 4144.5, or 4145.5, or under Section begin delete 11364.5 end delete
begin insert 11364 end insert , 121349, or 121349.1 of the Health and Safety Code.

SEC. 7.  

Section 4149.5 of the Business and Professions Code
is repealed.

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SEC. 8.  

Section 11364 of the Health and Safety Code is
repealed.

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begin insert SEC. 8. end insert   

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begin insert Section 11364 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11364.  

(a) It is unlawful to possess an opium pipe or any
device, contrivance, instrument, or paraphernalia used for
unlawfully injecting or smoking (1) a controlled substance specified
in subdivision (b), (c), or (e) or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, specified in subdivision (b) or
(c) of Section 11055, or specified in paragraph (2) of subdivision
(d) of Section 11055, or (2) a controlled substance begin delete which end delete begin insert that end insert is
a narcotic drug classified in Schedule III, IV, or V.

(b) This section shall not apply to hypodermic needles or
syringes that have been containerized for safe disposal in a
container that meets state and federal standards for disposal of
sharps waste.

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(c) Pursuant to authorization by a county, with respect to all of
the territory within the county, or a city, with respect to the territory
within the city, for the period commencing January 1, 2005, and
ending December 31, 2018, subdivision (a) shall not apply to the
possession solely for personal use of 10 or fewer hypodermic
needles or syringes if acquired from an authorized source.

end delete begin delete

(d) This section shall be inoperative until January 1, 2015.

end delete begin insert

(c) Until January 1, 2021, as a public health measure intended
to prevent the transmission of HIV, viral hepatitis, and other
bloodborne diseases among persons who use syringes and
hypodermic needles, and to prevent subsequent infection of sexual
partners, newborn children, or other persons, this section shall
not apply to the possession solely for personal use of hypodermic
needles or syringes if acquired from a physician, pharmacist,
hypodermic needle and syringe exchange program, or any other
source that is authorized by law to provide sterile syringes or
hypodermic needles without a prescription.

end insert

begin delete

SEC. 9.  

Section 11364.1 of the Health and Safety Code is
amended to read:

11364.1.  

(a) It is unlawful to possess an opium pipe or any
device, contrivance, instrument, or paraphernalia used for
unlawfully injecting or smoking (1) a controlled substance specified
in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f)
of Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, specified in subdivision (b) or
(c) of Section 11055, or specified in paragraph (2) of subdivision
(d) of Section 11055, or (2) a controlled substance which is a
narcotic drug classified in Schedule III, IV, or V.

(b) This section shall not apply to hypodermic needles or
syringes that have been containerized for safe disposal in a
container that meets state and federal standards for disposal of
sharps waste.

(c) As a public health measure intended to prevent the
transmission of HIV, viral hepatitis, and other bloodborne diseases
among persons who use syringes and hypodermic needles, and to
prevent subsequent infection of sexual partners, newborn children,
or other persons, this section shall not apply to the possession
solely for personal use of hypodermic needles or syringes if
acquired from a physician, pharmacist, hypodermic needle and
syringe exchange program, or any other source that is authorized
by law to provide sterile syringes or hypodermic needles without
a prescription.

end delete

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begin insert SEC. end insert begin insert 9. end insert   

end insert

begin insert Section 11364.1 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

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11364.1.  

(a) It is unlawful to possess an opium pipe or any
device, contrivance, instrument, or paraphernalia used for
unlawfully injecting or smoking (1) a controlled substance specified
in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f)
of Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, specified in subdivision (b) or
(c) of Section 11055, or specified in paragraph (2) of subdivision
(d) of Section 11055, or (2) a controlled substance which is a
narcotic drug classified in Schedule III, IV, or V.

(b) This section shall not apply to hypodermic needles or
syringes that have been containerized for safe disposal in a
container that meets state and federal standards for disposal of
sharps waste.

(c) As a public health measure intended to prevent the
transmission of HIV, viral hepatitis, and other bloodborne diseases
among persons who use syringes and hypodermic needles, and to
prevent subsequent infection of sexual partners, newborn children,
or other persons, this section shall not apply to the possession
solely for personal use of 30 or fewer hypodermic needles or
syringes if acquired from a physician, pharmacist, hypodermic
needle and syringe exchange program, or any other source that is
authorized by law to provide sterile syringes or hypodermic needles
without a prescription.

(d) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

end delete