Important note: Information in this article was accurate in 1999. The state of the art may have changed since the publication date.
San Francisco Chronicle - Wednesday, August 25, 1999
Greg Lucas, Chronicle Sacramento Bureau
"Based on what he has said in the past, (Davis) sees it as a local issue that should be dealt with on the local level," said Hilary McLean, a spokeswoman for the governor.
The final hurdle was crossed yesterday when the 40-member Senate gave the Assembly bill 21 favorable votes -- the bare minimum needed for passage. The Democratic majority Legislature has tried five times since 1993 to legalize needle-exchange programs. San Francisco and other cities operate exchange programs illegally in an attempt to reduce the spread of blood-borne diseases, such as AIDS and Hepatitis C, from shared needles.
As in earlier debates on previous bills, the discussion of the measure -- AB518 by Assemblywoman Kerry Mazzoni, D-San Rafael -- focused on whether arresting the spread of infectious disease outweighed the government condoning drug use.
"This is a classic example of mixed messages that our Legislature all too often puts out," said Senator Tim Leslie, R-Tahoe City. "We'd all say it's bad to use heroin . . . therefore have a free, government-paid needle so you can do it safely."
Supporters countered that when confronted with a health epidemic, every tool available should be used.
"It's a public health issue," Mazzoni said. "This is not about drug abuse. The group that is most at risk from contaminated needles is women and their children."
Supporters also say studies show such programs reduce the spread of disease. Opponents, including several law enforcement groups, cite other studies that claim such programs do little to lower the number of dirty needles used by addicts.
The California State Sheriffs' Association opposed the bill because it would condone the possession of illegal drug paraphernalia.
Mazzoni said she hopes to persuade Davis to sign the bill.
The bill would change the law to legalize possessing and using hypodermic needles or syringes without a doctor's prescription.
At least 15 other states have passed laws allowing needle-exchange programs. San Francisco, Berkeley, Santa Cruz and Los Angeles have adopted ordinances declaring health emergencies to allow needle-exchange programs in their jurisdiction. Marin County has also done so.
San Francisco's underground needle-exchange program has operated since 1993. It now distributes almost 2.1 million syringes annually.
Mazzoni said that without the bill, Marin and the other local jurisdictions have to keep renewing their emergency ordinances every month. Other localities are reluctant to do so because of potential legal challenges, she said.
"Some communities are very hesitant to open the debate because these programs are technically against the law," said Mazzoni. "It does not mandate needle programs. There are a lot of protections in this bill. There need to be plans to place addicts in treatment, and data must be collected."
On another health-care issue, lawmakers moved closer to passing a bill that would expand training standards for phlebotomists, the technicians who draw blood samples for medical tests.
By a 40-to-0 vote, the Senate passed a bill by Assemblywoman Carole Migden, D-San Francisco, that will require at least 40 hours of classroom training and 40 hours of clinical practice -- including 50 successful blood draws -- to obtain a state certificate.
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