Important note: Information in this article was accurate in 2002. The state of the art may have changed since the publication date.
Los Angeles Times - August 31, 2002
Charles Ornstein, Times Staff Writer
The Legislature gave its final approval Friday to a measure that would allow pharmacies to sell up to 30 syringes, or hypodermic needles, to an adult without a prescription.
Supporters say over-the-counter syringe sales would reduce the spread of HIV and infectious hepatitis among drug users, saving millions of dollars in medical costs.
Opponents of the bill, mainly law enforcement groups, argue that it would condone drug use and undermine the accountability provided by the state's existing needle-exchange law.
The bill now heads to Gov. Gray Davis. California is one of six states that, with some exceptions, require a prescription to buy a syringe.
"This measure saves lives and dollars without any cost to taxpayers," said its author, Sen. John Vasconcellos (D-Santa Clara.)
About 50% of the 600,0000 hepatitis C cases and 19% of the more than 124,000 HIV cases in California are related to needle-sharing, according to the California Department of Health Services and the American Journal of Public Health. The connection between injectable drug use and HIV is especially strong for women and minorities.
Needle exchanges overseen by local governments offer people the chance to trade dirty needles for new ones.
Pharmacies would not take over that task under the bill, but would be required to offer needle disposal options and provide information about prevention and treatment of substance abuse, as well as a toll-free number for help.
Separately, the Assembly approved a bill that would allow the state Department of Managed Health Care to regulate the types of prescription drugs covered by health plans. Health maintenance organizations would need approval from the department before they could reject classes of drugs.
The department has been seeking that authority after state courts ruled in two cases that regulators didn't have the authority to force HMOs to cover the impotence drug Viagra or the obesity drug Xenical.
The bill needs approval from the Senate, where it passed in a different form. Daniel Zingale, director of Managed Health Care, said the bill's importance goes beyond Viagra or Xenical.
Health insurers have opposed the bill because they said it would give regulators too much power.
"It's not that we want to see people deprived of drugs they need," said Walter Zelman, president of the California Assn. of Health Plans. "But we're just very concerned about the need to provide employers and consumers with benefits packages that they can afford."
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