Disease Prevention Demonstration Project

Senate Bill (SB) 1159
Project Description

Background

In September 2004 Governor Schwarzenegger signed legislation (Senate Bill 1159) that allows a pharmacist to sell a non-prescription syringe for human use if one of the following conditions are met:

1. The person is known to the pharmacist to have a medical need for a syringe; or
2. If the pharmacy is located in a county or city that has authorized non-prescription syringe sale, the pharmacist may sell or furnish up to 10 syringes if the pharmacy participates in the Disease Prevention Demonstration Project. This provision of the law expires on December 31, 2010.

SB 1159 requires pharmacies that register to participate in the Disease Prevention Demonstration Project to undertake prescribed activities including offering safe syringe disposal programs to ensure that these hypodermic needles and syringes are disposed of in an appropriate manner, and providing written information or verbal counseling on how to access drug treatment and testing and treatment of human immunodeficiency virus (HIV) and hepatitis C virus (HCV).

The legislation exempts used syringes that have been appropriately containerized for safe disposal from paraphernalia statutes, i.e., those syringes cannot be used as evidence of possession of drug paraphernalia (this is a permanent change in law and does not sunset in 2010.)

The legislation also allows a person to possess up to ten hypodermic needles or syringes if acquired through an authorized source and eliminates both the identity requirement and the requirement that a pharmacist keep detailed records of nonprescription sales of hypodermic needles and syringes.

Finally, the legislation requires that the Department of Health Services (DHS) evaluate the effects of allowing the sale of hypodermic needles or syringes without a prescription, and submit a report to the Governor and Legislature by January 15, 2010.

In response to the on-going public health concern about transmission of blood borne diseases such as HIV and Hepatitis in our community, on December 14, 2004, the Contra Costa Board of Supervisors directed the Health Department to implement a program consistent with the legislation.

Who May Apply

Any pharmacy licensed with the California State Board of Pharmacy and operating within Contra Costa County may register with the Contra Costa Health Services Department. A pharmacy may register as a stand-alone site or a regional, district or corporate manager may register any number of pharmacies in their chain in Contra Costa. Full contact information and a copy of the State license is required for all sites registered with the Disease Prevention Demonstration Project.

General Expectations

Any pharmacy participating in this project will comply with the terms of the legislation. The terms specify that pharmacists:

1. Register with the health department;
2. Certify that the pharmacy will provide the purchaser with written information or verbal counseling on how to access drug treatment, how to access testing and treatment for HIV and HCV, and how to safely dispose of sharps waste;
3. Store hypodermic needles and syringes so that they are available only to authorized personnel;
4. Provide for the safe disposal of hypodermic needles and syringes through one or more of the following options: providing an on?site safe hypodermic needle and syringe collection and disposal program; furnishing or making available for purchase mail-back sharps disposal containers that meet state and federal standards; or furnishing or making available for purchase personal sharps disposal containers;

Registered pharmacies will not require identifying information from individuals wishing to purchase syringes under this law. This expectation does not preclude a pharmacy from requesting appropriate identification for confirmation of payment by personal check. Pharmacists should instruct participants to retain their receipt while transporting the syringes to ensure that they have evidence that the syringes were provided by a registered pharmacy. Pharmacies should have in place an internal policy that allows for relief staff to continue service provision in the event that the pharmacy manager is not on premises when a customer arrives to purchase syringes.

Participating pharmacies may be asked by the State Department of Health Services to take part in an evaluation of the Disease Prevention Demonstration Project. The State Department of Health Services has not yet finalized details of this process. It is our hope that pharmacies participating in the Contra Costa’s Disease Prevention Demonstration Project will collect non-identifiable data and submit that information to the Contra Costa Health Department. Collection and submission of this data is voluntary, but would help us better understand the population participating in the Disease Prevention Demonstration Project as well as allow us to update the Contra Costa Board of Supervisors. A sample data collection form is provided in the health education information packet.

Pharmacies are encouraged to inform clinical care providers with whom they work of their participation in this project to encourage referrals of appropriate clients for clean syringes.

How The Application Process Works

The pharmacist or pharmacy representative requests a copy of the application and sets up a time to review the information packet with Health Department staff. The packet contains a copy of the legislation and copies of local health information and resources to assist in providing verbal or written information to customers. The pharmacy is not required to use the health education and referral information contained in the packet, but must provide similar information either verbally or in writing with each customer purchasing syringes under this project.

The application is a one-page form. Please provide (clearly print) the general contact information, a copy of the California Board of Pharmacy permit/license for the pharmacy, a list of all sites covered under the registration, and certify by your signature that the materials have been reviewed and that the pharmacy will provide the health education as required by law.

When the application has been completed and submitted to the Contra Costa Health Department, a certificate of registration will be issued within 1 - 2 weeks and sent to the contact listed on the application form. The registration is in effect through December 31, 2010.

Should either party wish to cancel the registration, written notice will be provided. The pharmacy is responsible for notifying the Health Department when key contact information changes.

Contra Costa Health Department Contact Information

For further information, or to submit materials, please contact

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