Leland Yee
- Democratic
Author
Existing law regulates the sale, possession, and disposal of hypodermic needles and syringes, and requires, with certain exceptions, a prescription to purchase a hypodermic needle or syringe for human use. Existing law prohibits any person from possessing or having under his or her control any hypodermic needle or syringe, except in accordance with those regulatory provisions. This bill would delete the prohibition against any person possessing or having under his or her control any hypodermic needle or syringe, except in accordance with the aforementioned regulatory provisions. Existing law, until December 31, 2010, authorizes a county or city to authorize a licensed pharmacist to sell or furnish 10 or fewer hypodermic needles or syringes to a person 18 years of age or older for human use without a prescription if the pharmacist works for a pharmacy that is registered with a local health department in the Disease Prevention Demonstration Project, established by law to evaluate the long-term desirability of allowing licensed pharmacies to sell or furnish nonprescription hypodermic needles or syringes to prevent the spread of bloodborne pathogens, including HIV and hepatitis C. This bill would, instead, for the period beginning January 1, 2011, and ending December 31, 2018, permit a physician or pharmacist, without a prescription or a permit, to furnish 30 or fewer hypodermic needles and syringes for human use to a person 18 years of age or older and would permit a person 18 years of age or older, without a prescription or license, to obtain 30 or fewer hypodermic needles and syringes solely for personal use from a physician or pharmacist. This bill would make conforming changes, including the elimination of the Disease Prevention Demonstration Project. Under existing law, it is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking specified controlled substances. Existing law, until December 31, 2010, provides that the above-described provisions, pursuant to authorization from a city or county, shall not apply to the possession solely for personal use of 10 or fewer hypodermic needles or syringes. This bill would, instead, provide that the above-described provisions making it unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia for unlawfully injecting or smoking certain controlled substances shall not apply for the period beginning January 1, 2011, and ending December 31, 2018, to 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. This bill would require the state Office of AIDS to develop and maintain information on its Internet Web site to educate consumers at risk of bloodborne infections of opportunities to improve and protect the consumer's health, and to protect the public health and would also require the California State Board of Pharmacy to post, or post a link to, this information on its Internet Web site. The Pharmacy Law requires a pharmacist to keep detailed records of nonprescription sales of hypodermic needles and syringes. Existing law makes it a crime to knowingly violate any provision relating to the Pharmacy Law. This bill would amend the Pharmacy Law to require pharmacies that furnish nonprescription hypodermic needles and syringes to store the hypodermic needles and syringes in a manner that ensures that they are not accessible to unauthorized persons, and would require pharmacies to provide consumers with prescribed options for consumer disposal of hypodermic needles and syringes. This bill would also require the pharmacies to provide written information or verbal counseling at the time of furnishing or sale of nonprescription hypodermic needles or syringes, as specified. By changing the definition of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Died on file.
In Senate. To unfinished business. (Veto)
Vetoed by Governor.
Enrolled. To Governor at 3:30 p.m.
In Senate.
Senate concurs in Assembly amendments. (Ayes 21. Noes 16. Page 5087.) To enrollment.
Read third time. Passed. (Ayes 48. Noes 23. Page 6744.) To Senate.
Read second time. To third reading.
(Heard in committee on August 4.)
From committee: Do pass. (Ayes 12. Noes 5.)
(Heard in committee on June 29.)
From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 2.) Re-referred to Com. on APPR.
From committee: Do pass, but first be re-referred to Com. on B.,P. & C.P. (Ayes 12. Noes 6.) Re-referred to Com. on B.,P. & C.P.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B.,P. & C.P.
(Heard in committee on June 22.)
To Coms. on HEALTH and B.,P. & C.P.
Motion to reconsider made by Senator Yee.
Read third time. Passed. (Ayes 21. Noes 6. Page 3652.) To Assembly.
Reconsideration granted.
(Ayes 30. Noes 0. Page 3654.)
Read third time. Passed. (Ayes 21. Noes 8. Page 3655.) To Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. To third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
Set for hearing May 10.
Set for hearing April 22.
From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 5. Noes 1. Page 3294.) Re-referred to Com. on APPR.
(For vote only.)
Set, second hearing. Testimony taken. Further hearing to be set.
Set for hearing April 19.
Set, first hearing. Hearing canceled at the request of author.
Read second time. Amended. Re-referred to Com. on B., P. & E.D.
From committee: Do pass as amended, but first amend, and re-refer to Com. on B., P. & E.D. (Ayes 6. Noes 3. Page 3038.)
Set for hearing April 12 in B., P. & E.D. pending receipt.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on HEALTH.
Set for hearing March 24.
Set, first hearing. Hearing canceled at the request of author.
Set for hearing April 14.
To Coms. on HEALTH and B., P. & E.D.
From print. May be acted upon on or after March 15.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1029 | HTML |
| 02/12/10 - Introduced | |
| 03/17/10 - Amended Senate | |
| 04/07/10 - Amended Senate | |
| 06/23/10 - Amended Assembly | |
| 09/02/10 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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