SECTIONS 121349-121349.3 - California Statutes

HEALTH AND SAFETY CODE

SECTION 121349-121349.3

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 attempt to reduce the spread of HIV infection and
blood-borne 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 and
county, county, or city 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

121349.1. A city and county, or a county, or a city 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 Health Services, 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 blood-borne 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.

121349.2. 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 of clean
needle and syringe exchange programs are addressed and mitigated.

121349.3. 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 blood-borne 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 assure 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.