Bay Windows - Local News, June 8, 2000
Scott A. Giordano, Bay Windows correspondent

Sponsored by state Sen. James Jajuga, D-Methuen, the amendment would allow IV drug users to exchange dirty, used needles for clean ones in order to help curb the growing HIV/AIDS epidemic in the drug-using community. The amendment next must clear a House-Senate Conference Committee before it can reach Republican Gov. Paul CellucciÆs office, where it may be dead on arrival.

ôCellucci is supportive of needle-exchange programs but he is not supportive of this statewide amendment because he believes it should be up to the communities whether to provide needle-exchange programs,ö said Shawn Feddemam, a governorÆs spokesperson. ôWe do offer assistance to communities that are starting needle-exchange programs, but the governor believes the decision to start the programs should be left to the communities.ö

Currently, state law allows up to 10 communities to set up needle-exchange programs, but only four have done so: Boston, Cambridge, Northampton and Provincetown. Local AIDS activists say other communities are letting divisive politics override public health issues, and that they support the statewide amendment because peopleÆs lives are at stake.

ôThe way we are looking at it is that the DPH (Department of Public Health) has the power to prevent transmissions of every communicable disease, except HIV and hepatitis C through sharing needles. This is a public health issue that really demands a public health response,ö says Amy Rosenberg, senior public policy and legal specialist for the AIDS Action Committee of Massachusetts û the stateÆs largest AIDS-service organization. ôHIV and hepatitis C are not going to respect city boundaries. à The DPH has six years worth of experience in implementing and overseeing needle-exchange programs, and there will still be community input in the process,ö she added.

The amendment includes a provision for a community advisory committee made up of seven residents, five of which will be appointed by each communityÆs chief executive officer. That committee would have 60 days to offer input on siting and other issues before the public health commissioner could begin the needle-exchange program, but the committee would not be able to prevent a needle-exchange program if the public health commissioner deemed one necessary. Senate debate on Sen. JajugaÆs proposed amendment drew lengthy and emotional testimony discussion in the State House before the Senate passed the amendment on a voice vote, according to the State House News Service.

ôWhen I was on the State Police, I saw a lot of drug users getting infected with HIV. I was talking about this in 1985. In 1991, I spoke to my colleagues and I tried to get a budget amendment for a pilot program. My colleagues said I should establish a relationship with the office of National Drug Control Policy. à In the meantime, the numbers of people who were getting infected were going bigger and bigger. In 1994, we created a program in Boston and Cambridge. There was a Boston police officer assigned to that program. He monitored the situation. IÆve got good news: the program is more successful than ever. Next, I filed another amendment to create a pilot program for 10 communities. à I have bad news: those communities that should have adopted a needle program did not. What I did is I filed a bill similar to this amendment. Unfortunately, it didnÆt get anywhere in the process,ö Jajuga testified.

ôBut this disease is ravaging this state and the country,ö he added. ôThere are 16 million who have died. There are 33 million people living with AIDS. à WeÆre trying to address twin problems of HIV and heroin abuse. IÆve been waiting for a better option. But it never came,ö he continued. ôàHeroin availability is at an all-time-high. Purity is at an all-time-high. The price is low. The police canÆt do this all alone. We need an intervention strategy. I would never stand before you and support a program that increases crime. I absolutely believe in this. This is the appropriate response that is needed now.ö

Sen. Richard Moore, D-Worcester, agreed, saying, ôWeÆre only one of seven states that criminalize the possession of needles and syringes. Even the New Hampshire Legislature has deregulated. All of the states surrounding us have dealt with this issue. These programs have reduced the spread of AIDS and hepatitis C. We give the commissioner broad authority to deal with crises of this kind. We have tried to make sure local input is ensured. The provisions of this amendment provide a local committee to determine the siting. à I hope the amendment is adopted. It would be a major step forward.ö

But opponents also spoke in great length about why they felt the amendment was undermining the war on drugs and taking local control away from individual communities that donÆt want needle-exchange programs. ôThere are some programs that work very well and actually save lives. I think there is an equal amount of evidence before us that tells us there are serious questions about the efficacy of some programs. There is a tendency here to become overly emotional and sometimes very, very radical in their response to this type of program. I think thereÆs a way to approach this in a fair-minded way to try to glean the best from these programs but at all times pay respect to the people in the communities we serve,Æ said Sen. Stephen Lynch, D-South Boston. ô[This amendment] overrides all the members of your town meeting. à Bottom line: Some of these programs can save lives if theyÆre done in the right way. With all due respect to the supporters, I believe the right way is with local control, local input and local option,ö Lynch continued. ôà We have an amendment now that says you canÆt say no. ThatÆs the problem I have here. à This is about democracy here. ItÆs tough. à A good example is the sex education thing a few weeks ago. It was a good idea, but somehow it got away from us and became an embarrassment. It became a bureaucratic function, disengaged from the community and their leaders. It got away from us. ItÆs about to happen again. WeÆre going to give this decision over. This is a terrible precedent.ö

AIDS activists are now gearing their efforts toward state representatives, hoping they will find enough legislative support for the amendment to clear the House. They also have begun discussions with the governorÆs office. ôI think our chances are actually pretty good at getting it through the Conference Committee, but we have a lot of work to do and education to do amongst House membership and House leadership. Legislators need to hear from their constituents about how important this is to them for this amendment to be passed,ö Rosenberg said. ôWe are hoping that when we show [House representatives] what the research says and how effective needle-exchange can be and how much of a problem this can be in Massachusetts; that they will see things from the same perspective as the Senate did,ö she added. ôWe also will continue working with the governorÆs office. I would like to think that he will keep an open mind so we can show the governor the overwhelming evidence we have as to why this is necessary. The bottom line is that peopleÆs lives are at stake, and this is a public health issue that should not be held up by divisive politics.ö

The state budget is supposed to be completed by June 30; however, that deadline has been extended in the past because of extenuating circumstances. The House-Senate conferees were not yet assigned at press time.
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