(1) Existing law, until January 1, 2026, authorizes a physician or pharmacist, without a prescription or permit, to furnish hypodermic needles and syringes for human use to a person 18 years of age or older, and authorizes a person 18 years of age or older to, without a prescription or license, obtain hypodermic needles and syringes solely for personal use from a physician or pharmacist, as a public health measure, as specified. Existing law requires a pharmacist that provides nonprescription syringes to provide information on access to testing and treatment for HIV and hepatitis C.
This bill would extend this authority indefinitely and would additionally require a pharmacist to provide information on other bloodborne diseases.
(2) Under existing law, a licensed health care provider who is authorized by law to prescribe an opioid antagonist may issue standing orders for the distribution of an opioid antagonist to a person at risk of an opioid-related overdose or to a family member, friend, or other person in a position to assist a person at risk of an opioid-related overdose. Existing law requires that a person who receives an opioid antagonist pursuant to a standing order or otherwise possesses an opioid antagonist receive training, as specified. Existing law provides that a person who is trained in the use of an opioid antagonist and acts with reasonable care and in good faith is not subject to professional review, liable in a civil action, or subject to criminal prosecution.
This bill would expand the above-described authorizations to those who are at risk of or who may be in a position to assist a person experiencing any overdose and would strike the requirement that those who receive and possess opioid antagonists receive training. The bill would authorize a person in a position to assist a person at risk of an overdose to possess an opioid antagonist and subsequently dispense or distribute an opioid antagonist to a person at risk of an overdose or another person in a position to assist a person at risk of an overdose. The bill would instead exempt a person who administers an opioid antagonist with reasonable care and in good faith, whether or not they were trained, from professional review, liability in a civil action, or criminal prosecution.
(3) Existing law defines drug paraphernalia to include testing equipment designed for use or marketed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances, subject to exceptions, and prohibits, among other things, the manufacture, sale, and possession, as specified, of drug paraphernalia. Existing law exempts from these prohibitions specified professionals, such as pharmacists, manufacturers, and dentists, under certain circumstances. Existing law authorizes a court, in determining whether an object is drug paraphernalia, to consider specified facts and circumstances, such as the expert testimony.
This bill would remove testing equipment from the definition of drug paraphernalia and would expand the group of individuals exempt from drug paraphernalia prohibition to include a person who is at risk of overdose, a family member, friend, or other person in a position to assist a person at risk of overdose, in order to reduce the spread of HIV, viral hepatitis, and other bloodborne infections among the intravenous drug user population within California. The bill would additionally authorize a court, in determining whether an object is paraphernalia, to consider whether the possession of an object is related to or a result of a substance use disorder treatment or recovery program, harm reduction program, syringe exchange program, or consistent with best clinical practices, as specified.
(4) Existing law imposes a drug program fee for each separate controlled substance offense, as specified, to be deposited by the county treasurer in a drug program fund. Existing law requires that a portion of the fund be allocated to primary prevention programs in the community.
This bill would state that primary prevention programs may include those activities as determined by the Substance Abuse and Mental Health Services Administration.
(5) Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law requires these programs to be certified, except as specified. Existing law authorizes a licensed alcohol or other drug recovery or treatment facility to permit incidental medical services, as defined, to be provided to a resident at the facility premises by a licensed physician and surgeon or other health care practitioner under specified limited circumstances, including that the resident has signed an admission agreement. Existing law requires a licensee to develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illicit drugs.
This bill would require the department, on or before July 1, 2026, to offer a combined application for entities to be certified as an alcohol or other drug program and to provide incidental medical services, as defined. The bill would prohibit an admission agreement from requiring a person to be abstinent and not intoxicated in order to be admitted to care or continue treatment. The bill would require a licensee to prioritize the individual maintaining some level of connection to treatment, rather than disconnection from treatment, following a relapse.
Existing law defines "drug- or alcohol-related program" as any program designed to reduce the unlawful use of, or assist those who engage in the unlawful use of, drugs or alcohol, through various means, such as intervention, treatment, and enforcement, among others. Existing law prohibits the encumbrance of state funds for a drug- or alcohol-related program unless it contains a component that explains that there is no unlawful use of drugs or alcohol and requires all aspects of a drug- or alcohol-related program receiving state funds to be consistent with the "no lawful use" message.
This bill would redefine that term to mean any program designed to assist persons with substance use disorders and would strike enforcement from the specified means. The bill would repeal the above-described provisions related to the "no lawful use" message and would instead require that a drug- or alcohol-related program be consistent with the best clinical practices as determined by the Substance Abuse and Mental Health Services Administration and the American Society of Addiction Medicine in order to receive state funds.
(6) Existing law authorizes a public entity, as defined, that receives General Fund money from the Office of AIDS in the State Department of Public Health for HIV prevention and education to use that money to support clean needle and syringe exchange projects authorized by the public entity. Existing law authorizes the money to be used for the purchase of sterile hypodermic needles and syringes, subject to specified conditions, such as the portion of funds used for purchasing sterile hypodermic needles and syringes does not exceed 7.5% of the total amount of the funds received by the entity for HIV prevention. Existing law requires that an entity apply for authorization to provide hypodermic needle and syringe exchange services and requires that an entity demonstrate in its application that it complies with certain minimum standards, including that it has adequate funding to provide certain services at reasonably projected program participation levels.
This bill would expand the diseases that a public entity receiving this General Fund money may focus on to include viral hepatitis and other bloodborne diseases and would strike the above-described specified conditions to instead authorize that the money may be used for the purchase of sterile hypodermic needles and syringes as part of a clean needle and syringe exchange program in alignment with primary prevention activities as determined by the Substance Abuse and Mental Health Services Administration in the course of administering the Substance Use Prevention, Treatment, and Recovery Services Block Grant. The bill would require an entity applying for authorization to provide hypodermic needle and syringe exchange services to demonstrate in its application that it complies with certain minimum standards, including that it has the ability to provide certain services at reasonably projected program participation levels within 3 months of authorization.

Statutes affected:
AB 1037: 4145.5 BPC, 1714.22 CIV, 1797.197 HSC, 11364 HSC, 11364.5 HSC, 11364.7 HSC, 11372.7 HSC, 11832 HSC, 11834.026 HSC, 11834.26 HSC, 11999 HSC, 11999.1 HSC, 11999.2 HSC, 120780.1 HSC, 120780.2 HSC, 120780.5 HSC, 121349 HSC
02/20/25 - Introduced: 4145.5 BPC, 1714.22 CIV, 1797.197 HSC, 11364 HSC, 11364.5 HSC, 11364.7 HSC, 11372.7 HSC, 11832 HSC, 11834.026 HSC, 11834.26 HSC, 11999 HSC, 11999.1 HSC, 11999.2 HSC, 120780.1 HSC, 120780.2 HSC, 120780.5 HSC, 121349 HSC