*LEGISLATION UPDATE* 5 Bills Address Harm Reduction & Syringe Access in California

From California Department of Public Health, Office of AIDS:

Several harm reduction-related bills have been introduced into the California Legislature this year. Three would expand access to sterile syringes in the state; two would remove barriers to providing assistance in the case of drug overdose. Full texts of these bills are available here.



AB 1701 (Chesbro) would lift the December 31, 2010 sunset on the Disease Prevention Demonstration Project (DPDP), the pilot program established in 2005 which allows nonprescription sale of syringes (NPSS) in pharmacies which opt in to the program. The current program requires county and/or city authorization in order for pharmacies to participate.

SB 1029 (Yee) would conclude the five year pilot, and make NPSS standard pharmacy practice statewide. The bill would eliminate the need for local government and pharmacies to opt into a program, and for county health departments to manage a program. It would also raise the number of syringes that an individual may purchase and possess to 30.

AB 1858 (Blumenfield) would allow the California Department of Public Health to authorize syringe exchange programs in locations where the conditions exist for the rapid spread of viral hepatitis, HIV or other potentially deadly or disabling diseases.

AB 2145 (Ammiano) would provide legal protections to providers who prescribe Naloxone, an opiate overdose antidote, and offer similar protection to individuals who administer Naloxone in an emergency.

AB 2460 (Ammiano) would encourage bystanders to call 911 when witnessing an overdose event by offering limited protection from arrest for simple possession or paraphernalia charges for people who are present when 911 responders arrive.

For more information on the provisions of the bills and their statuses as they make their way through the Senate and Assembly check the websites of the Harm Reduction Coalition, the Drug Policy Alliance and CalHEP, the California Hepatitis Alliance.

Public Health Rally and Syringe Exchange Supporters in Downtown Modesto Make Some Noise

The mix of supporters gathered in front of the Stanislaus County Courthouse on February 1 were from all walks of life. More than thirty nurses, teachers, students, social service providers, outreach workers, volunteers, and other community members showed up ready to raise awareness about the importance of harm reduction in the valley. Each had their own reasons for being there, but one thing was constant. They care about progress and efficient solutions. They care about people. The rally and outreach event was organized in an effort to draw attention to the critical issue of syringe access in Stanislaus County. It also served to gather supporters in unity with two volunteers arrested at a high risk area syringe exchange program in April 2009. The volunteers were back in court to hear Judge Ricardo Cordova's ruling on the use of a medical necessity defense in their upcoming trial. 

Although the Modesto Bee referred to the group as "angry", in reality the public health supporters were poised and focused on promoting health and wellness for Stanislaus County . The message was loud and clear that public health and prevention must be valued over politics and moral arguments - clean needles SAVE MONEY and SAVE LIVES. The peaceful crowd offered educational materials to passers by, speakers shared their POV, community members were engaged and discussed their compelling stories with volunteers, and a variety of media outlets took interest in the activities out front of the courthouse. Reactions to the group were mixed and debates ensued, but there were no confrontations.

Inside Department 8, Judge Ricardo Cordova postponed his decision on whether a defense of medical necessity could be used when the defendant's face their jury starting March 23. He stated the need to explore the issue further. Evidence was discussed, including undercover audio and video tapes that had only just been turned over to the defense team weeks earlier. An interview with one of the volunteers that aired several months earlier on the Berkeley radio station KPFA was also discussed and then deemed admissable. The DAs also requested that Judge Cordova consider other items besides syringes such as cotton balls, sterile water, and sterile cookers (standard harm reduction tools) in the definition of 'paraphernalia'. This was met with firm argument from the defense and an obvious stirring in the crowd followed. Judge Cordova will revisit the issue at the next hearing.

Barring any further delays, the defendants and their supporters will be back in Department 8 on March 1 at 1:30 PM to hear the judge's ruling on medical necessity and the disputed paraphernalia issue. Although there will not be any organized activities planned in front of the courthouse, please join others inside the courtroom as a show of solidarity in support of public health and safety, prevention, and overall community wellness!

  

Need More Convincing? Read "The Needle Nexus"

New York Times Magazine, November 17, 2009 - Needle exchange is AIDS prevention that works. While no one wants to have to put on a condom, every drug user prefers injecting with a clean needle. In 2003, an academic review of 99 cities around the world found:

• cities with needle exchange saw their H.I.V. rates among injecting drug users drop 19 percent a year.
• cities without needle exchange had an 8 percent increase per year.

Contrary to popular fears, needle exchange has not led to more drug use or higher crime rates. Studies have also found that drug addicts participating in needle ­exchanges are more likely to enter rehabilitation programs. Using needle exchange as part of a comprehensive attack on H.I.V. is endorsed by virtually every relevant United Nations and United States-government agency.

Drug injectors don’t pass infection only among themselves. Through their sex partners, H.I.V. is spread into the general population. In many countries, the H.I.V. epidemic began among drug injectors. In Russia in 2000, for example, needle-sharing was directly responsible for more than 95 percent of all cases of H.I.V. infection. So virtually all those with H.I.V. in Russia can trace their infection to a shared needle not many generations back. Though it has been scorned as special treatment for a despised population, AIDS prevention for drug users is in fact crucial to preventing a wider epidemic.

Read the complete story in The New York Times Magazine here.