Bill Text: CA AB604 | 2011-2012 | Regular Session | Chaptered
Bill Title: Needle exchange programs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-10-09 - Chaptered by Secretary of State - Chapter 744, Statutes of 2011. [AB604 Detail]
Download: California-2011-AB604-Chaptered.html
BILL NUMBER: AB 604 CHAPTERED
BILL TEXT
CHAPTER 744
FILED WITH SECRETARY OF STATE OCTOBER 9, 2011
APPROVED BY GOVERNOR OCTOBER 9, 2011
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 9, 2011
AMENDED IN SENATE SEPTEMBER 2, 2011
AMENDED IN SENATE AUGUST 22, 2011
AMENDED IN SENATE JULY 14, 2011
AMENDED IN ASSEMBLY APRIL 5, 2011
AMENDED IN ASSEMBLY MARCH 17, 2011
INTRODUCED BY Assembly Member Skinner
(Coauthor: Assembly Member Blumenfield)
FEBRUARY 16, 2011
An act to amend, repeal, and add Sections 121349, 121349.1,
121349.2, and 121349.3 of the Health and Safety Code, relating to
public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 604, Skinner. Needle exchange programs.
Existing law, with certain exceptions, makes it a misdemeanor for
a person to deliver, furnish, or transfer, or possess with intent to
deliver, furnish, or transfer drug paraphernalia, knowing, or under
circumstances where one reasonably should know, that it will be used
to introduce into the human body a controlled substance. Existing law
provides an exception to this general rule by authorizing a city,
county, or city and county to conduct a clean needle and syringe
exchange project authorized by the public entity to combat the spread
of HIV and bloodborne hepatitis. Existing law exempts providers
participating in an exchange project from criminal prosecution for
possession of needles or syringes during participation in the
project. Existing law also provides a specified annual comment and
reporting process relating to the needle and syringe exchange
projects.
This bill would, until January 1, 2019, authorize the State
Department of Public Health to authorize, as specified, certain
entities to provide hypodermic needle and syringe exchange services
in any location where the department determines that the conditions
exist for the rapid spread of HIV, viral hepatitis, or any other
potentially deadly or disabling infections that are spread through
the sharing of used hypodermic needles and syringes. The bill would,
until January 1, 2019, require the department to establish and
maintain on its Internet Web site the address and contact information
of these programs.
This bill would, until January 1, 2019, exempt staff and
volunteers participating in an authorized exchange project from
criminal prosecution for violation of any law related to the
possession, furnishing, or transfer of hypodermic needles or syringes
during participation in an exchange project and would exempt program
participants from criminal prosecution for possession of needles and
syringes acquired from an authorized exchange project entity. The
bill would also, until January 1, 2019, make the comment and
reporting process for the projects biennial.
This bill would make additional technical and nonsubstantive
changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 121349 of the Health and Safety Code is amended
to read:
121349. (a) The Legislature finds and declares that scientific
data from needle exchange programs in the United States and in Europe
have shown that the exchange of used hypodermic needles and syringes
for clean hypodermic needles and syringes does not increase drug use
in the population, can serve as an important bridge to treatment and
recovery from drug abuse, and can curtail the spread of human
immunodeficiency virus (HIV) infection among the intravenous drug
user population.
(b) In order to reduce the spread of HIV infection and bloodborne
hepatitis among the intravenous drug user population within
California, the Legislature hereby authorizes a clean needle and
syringe exchange project pursuant to this chapter in any city,
county, or city and county 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 of a city with a health department, or upon the
action of the city council and the mayor of a city without a health
department.
(c) In order to reduce the spread of HIV infection, viral
hepatitis, and other potentially deadly bloodborne infections, the
State Department of Public Health may, notwithstanding any other law,
authorize entities that provide services set forth in paragraph (1)
of subdivision (d), and that have sufficient staff and capacity to
provide the services described in Section 121349.1, as determined by
the department, to apply for authorization under this chapter to
provide hypodermic needle and syringe exchange services consistent
with state standards in any location where the department determines
that the conditions exist for the rapid spread of HIV, viral
hepatitis, or any other potentially deadly or disabling infections
that are spread through the sharing of used hypodermic needles and
syringes. Authorization shall be made after consultation with the
local health officer and local law enforcement leadership, and after
a period of public comment, as described in subdivision (e). In
making the determination, the department shall balance the concerns
of law enforcement with the public health benefits. The authorization
shall not be for more than two years. Before the end of the two-year
period, the department may reauthorize the program in consultation
with the local health officer and local law enforcement leadership.
(d) In order for an entity to be authorized to conduct a project
pursuant to this chapter, its application to the department shall
demonstrate that the entity complies with all of the following
minimum standards:
(1) The entity provides, directly or through referral, all of the
following services:
(A) Drug abuse treatment services.
(B) HIV or hepatitis screening.
(C) Hepatitis A and hepatitis B vaccination.
(D) Screening for sexually transmitted infections.
(E) Housing services for the homeless, for victims of domestic
violence, or other similar housing services.
(F) Services related to provision of education and materials for
the reduction of sexual risk behaviors, including, but not limited
to, the distribution of condoms.
(2) The entity has the capacity to commence needle and syringe
exchange services within three months of authorization.
(3) The entity has adequate funding to do all of the following at
reasonably projected program participation levels:
(A) Provide needles and syringe exchange services for all of its
participants.
(B) Provide HIV and viral hepatitis prevention education services
for all of its participants.
(C) Provide for the safe recovery and disposal of used syringes
and sharps waste from all of its participants.
(4) The entity has the capacity, and an established plan, to
collect evaluative data in order to assess program impact, including,
but not limited to, all of the following:
(A) The total number of persons served.
(B) The total number of syringes and needles distributed,
recovered, and disposed of.
(C) The total numbers and types of referrals to drug treatment and
other services.
(e) If the application is provisionally deemed appropriate by the
department, the department shall, at least 90 days prior to approval
of the application, provide for a period of public comment as
follows:
(1) Post on the department's Internet Web site the name of the
applicant, the nature of the services, and the location where the
applying entity will provide the services.
(2) Send a written and an e-mail notice to the local health
officer of the affected jurisdiction.
(3) Send a written and an e-mail notice to the chief of police,
the sheriff, or both, as appropriate, of the jurisdictions in which
the program will operate.
(f) The department shall establish and maintain on its Internet
Web site the address and contact information of programs providing
hypodermic needle and syringe exchange services pursuant to this
chapter.
(g) The authorization provided under this section shall only be
for a clean needle and syringe exchange project as described in
Section 121349.1.
(h) This section shall become inoperative on January 1, 2019, and
as of that date is repealed.
SEC. 1.5. Section 121349 is added to the Health and Safety Code,
to read:
121349. (a) The Legislature finds and declares that scientific
data from needle exchange programs in the United States and in Europe
have shown that the exchange of used hypodermic needles and syringes
for clean hypodermic needles and syringes does not increase drug use
in the population, can serve as an important bridge to treatment and
recovery from drug abuse, and can curtail the spread of human
immunodeficiency virus (HIV) infection among the intravenous drug
user population.
(b) In order to reduce the spread of HIV infection and bloodborne
hepatitis among the intravenous drug user population within
California, the Legislature hereby authorizes a clean needle and
syringe exchange project pursuant to this chapter in any city,
county, or city and county 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 of a city with a health department, or upon the
action of the city council and the mayor of a city without a health
department.
(c) The authorization provided under this section shall only be
for a clean needle and syringe exchange project as described in
Section 121349.1.
(d) This section shall become operative on January 1, 2019.
SEC. 2. Section 121349.1 of the Health and Safety Code is amended
to read:
121349.1. (a) The State Department of Public Health or a city,
county, or a city and county with or without a health department,
that acts to authorize a clean needle and syringe exchange project
pursuant to this chapter shall, in consultation with the State
Department of Public Health, authorize the exchange of clean
hypodermic needles and syringes, as recommended by the United States
Secretary of Health and Human Services, subject to the availability
of funding, as part of a network of comprehensive services, including
treatment services, to combat the spread of HIV and bloodborne
hepatitis infection among injection drug users. Staff and volunteers
participating in an exchange project authorized by the state, county,
city, or city and county pursuant to this chapter shall not be
subject to criminal prosecution for violation of any law related to
the possession, furnishing, or transfer of hypodermic needles or
syringes during participation in an exchange project. Program
participants shall not be subject to criminal prosecution for
possession of needles or syringes acquired from an authorized needle
and syringe exchange project entity.
(b) This section shall become inoperative on January 1, 2019, and
as of that date is repealed
SEC. 2.5. Section 121349.1 is added to the Health and Safety Code,
to read:
121349.1. (a) A city, county, or a city and county, with or
without a health department, that acts to authorize a clean needle
and syringe exchange project pursuant to this chapter shall, in
consultation with the State Department of Public Health, authorize
the exchange of clean hypodermic needles and syringes, as recommended
by the United States Public Health Service, subject to the
availability of funding, as part of a network of comprehensive
services, including treatment services, to combat the spread of HIV
and bloodborne hepatitis infection among injection drug users.
Providers participating in an exchange project authorized by the
county, city, or city and county pursuant to this chapter shall not
be subject to criminal prosecution for possession of needles or
syringes during participation in an exchange project.
(b) This section shall become operative on January 1, 2019.
SEC. 3. Section 121349.2 of the Health and Safety Code is amended
to read:
121349.2. (a) Local government, local health officials, and law
enforcement shall be given the opportunity to comment on clean needle
and syringe exchange programs on a biennial basis. The public shall
be given the opportunity to provide input to local leaders to ensure
that any potential adverse impacts on the public welfare of clean
needle and syringe exchange programs are addressed and mitigated.
(b) This section shall become inoperative on January 1, 2019, and
as of that date is repealed.
SEC. 3.5. Section 121349.2 is added to the Health and Safety Code,
to read:
121349.2. (a) Local government, local public health officials,
and law enforcement shall be given the opportunity to comment on
clean needle and syringe exchange programs on an annual basis. The
public shall be given the opportunity to provide input to local
leaders to ensure that any potential adverse impacts on the public
welfare from clean needle and syringe exchange programs are addressed
and mitigated.
(b) This section shall become operative on January 1, 2019.
SEC. 4. Section 121349.3 of the Health and Safety Code is amended
to read:
121349.3. (a) The health officer of the participating
jurisdiction shall present biennially at an open meeting of the board
of supervisors or city council a report detailing the status of
clean needle and syringe exchange programs, including, but not
limited to, relevant statistics on bloodborne infections associated
with needle sharing activity and the use of public funds for these
programs. Law enforcement, administrators of alcohol and drug
treatment programs, other stakeholders, and the public shall be
afforded ample opportunity to comment at this biennial meeting. The
notice to the public shall be sufficient to ensure adequate
participation in the meeting by the public. This meeting shall be
noticed in accordance with all state and local open meeting laws and
ordinances, and as local officials deem appropriate. For hypodermic
needle and syringe exchange services authorized by the State
Department of Public Health, a biennial report shall be provided by
the department to the local health officer based on the reports to
the department from service providers within the jurisdiction of that
local health officer.
(b) This section shall become inoperative on January 1, 2019, and
as of that date is repealed.
SEC. 5. Section 121349.3 is added to the Health and Safety Code,
to read:
121349.3. (a) The health officer of the participating
jurisdiction shall present, annually at an open meeting of the board
of supervisors or city council, a report detailing the status of
clean needle and syringe exchange programs, including, but not
limited to, relevant statistics on bloodborne infections associated
with needle sharing activity and the use of public funds for these
programs. Law enforcement, administrators of alcohol and drug
treatment programs, other stakeholders, and the public shall be
afforded ample opportunity to comment at this annual meeting. The
notice to the public shall be sufficient to ensure adequate
participation in the meeting by the public. This meeting shall be
noticed in accordance with all state and local open meeting laws and
ordinances, and as local officials deem appropriate.
(b) This section shall become operative on January 1, 2019.
