Bill Text: CA AB1701 | 2009-2010 | Regular Session | Chaptered

---

Bill Title: Hypodermic needles and syringes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 667, Statutes of 2010. [AB1701 Detail]

Download: California-2009-AB1701-Chaptered.html

---

BILL NUMBER: AB 1701	CHAPTERED
	BILL TEXT

	CHAPTER  667
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  AUGUST 25, 2010
	PASSED THE ASSEMBLY  AUGUST 26, 2010
	AMENDED IN SENATE  AUGUST 20, 2010
	AMENDED IN SENATE  AUGUST 2, 2010

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 1, 2010

   An act to amend Section 4145 of the Business and Professions Code,
and to amend Section 11364 of the Health and Safety Code, relating
to public health.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1701, Chesbro. Hypodermic needles and syringes.
   Existing law regulates the sale, possession, and disposal of
hypodermic needles and syringes. Under existing law, a prescription
is generally required to purchase a hypodermic needle or syringe for
human use, except to administer adrenaline or insulin.
   Existing law, until December 31, 2010, authorizes a city or county
to authorize a licensed pharmacist to sell or furnish 10 or fewer
hypodermic needles or syringes to a person for human use without a
prescription if the pharmacy is registered with a local health
department in the Disease Prevention Demonstration Project. Existing
law prohibits the possession and sale of drug paraphernalia, but
until December 31, 2010, allows a person, if authorized by a city or
county, to possess 10 or fewer hypodermic needles or syringes if
acquired through an authorized source.
   This bill would delete the December 31, 2010, end dates for these
authorizations and would reestablish these authorizations until
December 31, 2018.
   This bill would not become operative if SB 1029 of the 2009-10
Regular Session, amending Section 4145 of the Business and
Professions Code and amending Section 11364 of the Health and Safety
Code, is enacted and takes effect on or before January 1, 2011.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4145 of the Business and Professions Code is
amended to read:
   4145.  (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 one of the
following requirements is met:
   (1) 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.
   (2) 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, a pharmacist may furnish or sell 10 or
fewer hypodermic needles or syringes at any one time to a person 18
years of age or older if the pharmacist works for a pharmacy that is
registered with the Disease Prevention Demonstration Project pursuant
to Chapter 13.5 (commencing with Section 121285) of Part 4 of
Division 105 of the Health and Safety Code and the pharmacy complies
with the provisions of that chapter.
   (b) 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.
  SEC. 2.  Section 11364 of the Health and Safety Code is amended to
read:
   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 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) 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 in 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.
  SEC. 3.  This act shall not become operative if Senate Bill 1029 of
the 2009-10 Regular Session, amending Section 4145 of the Business
and Professions Code and amending Section 11364 of the Health and
Safety Code, is enacted and takes effect on or before January 1,
2011.