GOV. MAY GIVE NEEDLE EXCHANGE BILL A SHOT

Unlike other state municipalities that have sidestepped needle-exchange
restraints by declaring a state of emergency every two weeks, San Mateo
County has apparently continued to offer clean needles without the red tape.

With a new bill pending that cuts through the bureaucracy, local officials
are wondering if the county found some loophole avoiding the emergency
requirement or if they simply stopped the practice.

"I think I remember doing it at some time and I know we still declare
emergencies every two weeks for things like flooding. I'm just not sure
when we stopped or how we got around it," said Supervisor Jerry Hill.

AB547, authored by Assemblywoman Patty Berg, D-Eureka, will eliminate a
state law requiring cities and counties to declare a health emergency every
two weeks to legally continue operating needle-exchange programs. The goal
is to ease establishing programs for counties that have as of yet held off
and lift the burden on local governments.

In San Mateo County, the needle-exchange program has operated for more than
decade on private donations and grants. The exchange works as part of the
county's AIDS prevention program, doling out syringes weekly in Redwood City.

"It's of use to the county and it is an important health-related function
for everyone," Hill said.

Health reports continually show that IV drug users are the second-largest
group of people at risk of HIV and Hepatitis C infection. The same group
then places their sexual partners and fetuses at risk, too. In San Mateo
County, Hepatitis C infection rates hover between 11,000 and 17,000 people.

Consensus that an ounce of prevention is worth a pound of cure has kept the
program in local favor since its inception as a ground-breaking service.
However, even health department spokeswoman Beverly Thames drew a blank on
whether the county should have been perpetually declaring an emergency
twice a month to stay in compliance. The health services agency is
currently researching the issue.

Regardless, if Berg's bill passes, it may become a moot point.

Unlike two previous unsuccessful attempts, AB547 passed with a bipartisan
46-29 vote. Proponents publicly credit the recent support of law
enforcement for the Legislature passing the bill. The latest incarnation
culled the favor the California Peace Officers Association and the
California Narcotic Officers' Association.

The bill now heads to Gov. Arnold Schwarzenegger's desk for either a
signature or veto.

Needle-exchange programs also exist in the counties of Alameda, Contra
Costa, Humboldt, Marin, Mendocino, Monterey, San Francisco, Santa Clara,
Santa Cruz, Sonoma and Ventura. The cities of Berkeley and Los Angeles also
operated exchanges.

While some communities were quick to adopt exchange programs, the state has
continually been reluctant to sanction the practice. The concession that a
harm-reduction strategy does not need to endorse drug use received a boost
Jan. 1 when a new California law kicked in allowing pharmacists to sell up
to 10 syringes without a prescription. Prior to the bill's passing, a
person had to prove his or her identity to purchase needles and pharmacists
were required to keep detailed records of sales. Counties are not required
to participate but San Mateo County unanimously endorsed the idea.