Bill Text: CA AB2077 | 2019-2020 | Regular Session | Introduced
Bill Title: Hypodermic needles and syringes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-08-29 - Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 10. Page 4430.). [AB2077 Detail]
Download: California-2019-AB2077-Introduced.html
Introduced by Assembly Member Ting |
February 05, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4142 of the Business and Professions Code is repealed.Except as otherwise provided by this article, no hypodermic needle or syringe shall be sold at retail except upon the prescription of a physician, dentist, veterinarian, podiatrist, or naturopathic doctor pursuant to Section 3640.7.
SEC. 2.
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 theSEC. 3.
Section 4326 of the Business and Professions Code is repealed.(a)Any person who obtains a hypodermic needle or hypodermic syringe by a false or fraudulent representation or design or by a forged or fictitious name, or contrary to, or in violation of, any of the provisions of this chapter, is guilty of a misdemeanor.
(b)Any person who has obtained a hypodermic needle or hypodermic syringe from any person to whom a permit has been issued as provided in Article 9 (commencing with Section 4140) and who uses, or permits or causes, directly or indirectly, the hypodermic needle or hypodermic syringe to be used for any purpose other than that for which it was obtained is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or both a fine and imprisonment.
SEC. 4.
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 that is a narcotic drug classified in Schedule III, IV, or V.SEC. 5.
Section 121285 of the Health and Safety Code is repealed.(a)The Disease Prevention Demonstration Project, a collaboration between pharmacies and local and state health officials, is hereby authorized for the purpose of evaluating the long-term desirability of allowing licensed pharmacists to furnish or sell nonprescription hypodermic needles or syringes to prevent the spread of blood-borne pathogens, including HIV and hepatitis C.
(b)The State Department of Health Services shall evaluate the effects of allowing pharmacists to furnish or sell a limited number of hypodermic needles or syringes without prescription. The State Department of Health Services is encouraged to seek funding from private and federal sources to pay for the
evaluation.
(c)The State Department of Health Services shall convene an uncompensated evaluation advisory panel comprised of all of the following: two or more specialists in the control of infectious diseases; one or more representatives of the California State Board of Pharmacy; one or more representatives of independent pharmacies; one or more representatives of chain pharmacy owners; one or more representatives of law enforcement executives, such as police chiefs and sheriffs; one or more representatives of rank and file law enforcement officers; a specialist in hazardous waste management from the State Department of Health Services; one or more representatives of the waste management industry; and one or more representatives of local health officers.
(d)In order to furnish or sell nonprescription hypodermic needles or syringes as part of the Disease Prevention Demonstration
Project in a county or city that has provided authorization pursuant to Section 4145 of the Business and Professions Code, a pharmacy shall do all of the following:
(1)Register with the local health department by providing a contact name and related information, and certify that it will provide, at the time of furnishing or sale of hypodermic needles or syringes, written information or verbal counseling on all of the following:
(A)How to access drug treatment.
(B)How to access testing and treatment for HIV and hepatitis C.
(C)How to safely dispose of sharps waste.
(2)Store hypodermic needles and syringes so that they are available only to authorized personnel, and not openly available
to customers.
(3)In order to provide for the safe disposal of hypodermic needles and syringes, a registered pharmacy shall provide one or more of the following options:
(A)An onsite safe hypodermic needle and syringe collection and disposal program.
(B)Furnish or make available for purchase mail-back sharps disposal containers authorized by the United States Postal Service that meet applicable state and federal requirements, and provide tracking forms to verify destruction at a certified disposal facility.
(C)Furnish or make available for purchase personal sharps disposal containers that meet state and federal standards for disposal of medical waste.
(e)Local health departments shall
be responsible for all of the following:
(1)Maintaining a list of all pharmacies within the local health department’s jurisdiction that have registered under the Disease Prevention Demonstration Project.
(2)Making available to pharmacies written information that may be provided or reproduced to be provided in writing or orally by the pharmacy at the time of furnishing or the sale of nonprescription hypodermic needles or syringes, including all of the following:
(A)How to access drug treatment.
(B)How to access testing and treatment for HIV and hepatitis C.
(C)How to safely dispose of sharps waste.
(f)As used in this
chapter, “sharps waste” means hypodermic needles, syringes, and lancets.