AB 396: Needle and syringe exchange services.

Existing law authorizes the State Department of Public Health to authorize certain entities to apply to the department 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. Existing law authorizes a clean needle and syringe exchange program in cities and counties upon action by the local government, and in consultation with the department.

Existing law, the Medical Waste Management Act, regulates the disposal of medical waste, including sharps waste, by requiring medical waste to be disposed of in a specified manner. Under existing law, transportation, storage, treatment, or disposal of medical waste in a manner not authorized by the act is a crime.

This bill would require an entity that provides needle and syringe exchange services to ensure that each needle or syringe dispensed by the entity is appropriately discarded and destroyed. The bill would require those entities to ensure that each needle or syringe dispensed by the entity includes a unique serial number, as specified. The bill would require an entity to keep records of the serial number of every needle and syringe dispensed by the entity, surrendered to the entity, and destroyed and disposed of by the entity. The bill would require an entity to report to the department and the local health officer, on a quarterly basis, a searchable list of those serial numbers and related information, as specified. If an entity is found to have reported inaccurate data for the purpose of defrauding the department or local health officer, the bill would require the department to issue an administrative penalty of $25,000 for the first violation and an administrative penalty of $40,000 and a suspension of operation for a subsequent violation within 5 years.

If a needle or syringe is found abandoned or improperly discarded and is subsequently reported to the local health officer of the participating jurisdiction, the bill would require the local health officer to compare the unique serial number against the data reported to determine the dispensing entity and, once identified, notify the department of the violation. The bill would require the department to assess an administrative penalty of $1,000 per violation against the offending entity. Under the bill, each needle or syringe reported constitutes a separate violation. By imposing duties on local health officers, the bill would create a state-mandated local program.

The bill would create the Needle and Syringe Disposal Fund to receive the administrative penalties. The bill would require that moneys in the fund be available for expenditure by the department, upon appropriation by the Legislature, for the purposes of implementing these provisions.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.