San Francisco Chronicle - Thursday, September 19, 2002
Greg Lucas, Lynda Gledhill, Chronicle Sacramento Bureau

The law Davis signed affects fewer than 1,700 lower-income Californians who are enrolled in the state's AIDS Drug Assistance Program. Now, only disabled people with HIV are eligible to be treated under Medi-Cal, the state's health care program for the poor. The law entitles low-income people with HIV to Medi-Cal benefits.

But as AIDS activists praised Davis for his signature they also urged him to sign a broader bill making more clean needles available to drug addicts.

"This is an important step from a governor whose record has been outstanding on issues pertaining to HIV and AIDS," said Dana Van Gorder, director of state and local affairs at the San Francisco AIDS Foundation. "But I would like to remind you that the governor has another life-saving bill on his desk, which we are also hopeful he will sign."

Even though the needle bill is on the governor's desk, a spokeswoman said, Davis has yet to take a position.

But backers of the needle bill claim aides to the governor say Davis is reluctant to sign the measure without law enforcement support.

Three law enforcement groups, all represented by the same lobbyist, oppose the bill.

The long list of public health groups and other supporters of the measure argue that it provides the most effective way to reduce the spread of HIV and hepatitis among intravenous drug users by making sure they have clean needles.

"Allowing adults to purchase syringes at a pharmacy does not increase crime or drug use," said Glenn Backes, health policy director of the Drug Policy Alliance, one of the sponsors of the bill. "What it does do is reduce the spread of HIV and hepatitis by half."

Forty-four other states allow needle purchases without a prescription. Such laws have been signed by Democratic and GOP governors.

The measure -- SB1785 by Sen. John Vasconcellos, D-Santa Clara -- allows pharmacies to sell up to 30 needles or syringes to anyone over 18 years of age without a prescription.

Local health officials would have to be notified when a pharmacy elects to make such sales. Monthly sales of needles would also have to be reported.

Pharmacies would have to give needle purchasers information about the safe disposal of syringes, the availability of substance abuse programs and the transmission of blood-borne diseases.

Pharmacies would also have to offer purchasers a safe way to throw out the needles, such as returning them to the pharmacy itself.

The California Narcotics Officers Association, the California Police Chiefs Association and the California Peace Officers Association oppose the bill, saying that existing needle exchange programs are sufficient.

Government oversight of exchange programs prevents unfettered and unregulated distribution of needles, advocates say.

"This is not a law enforcement issue, it's a public health issue," Van Gorder said.

The Medi-Cal bill requires federal waivers before it can be implemented. Several other states already have similar programs in place.

"We expect the Bush administration to act as expeditiously as possible," said Michael Weinstein, executive director of the AIDS Healthcare Foundation.

It would take effect either in July 2003 or when the waivers are approved.

A study by the San Francisco AIDS Foundation and the AIDS Policy Research Center at UC San Francisco found the new law would affect fewer than 700 people in its first year, ramping up to fewer than 1,700 in its fifth year.

E-mail the writers at glucas@sfchronicle.com. and lgledhill@sfchronicle.com.
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