BILL OKS FREER SALE OF SYRINGES

Measure Now Goes To The Governor. Sponsors Say It Will Cut Disease;
Opponents Say It Condones Drug Use.

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."