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(a) FINDINGS. The Board of Supervisors finds and declares the following:
(1) The sharing of syringes is the leading source of AIDS in women and children and is also the leading cause of the transmission of the hepatitis C.
(2) Medical evidence has established that providing clean syringes to injection drug users prevents the transmission of HIV and other blood borne infections while not increasing drug abuse.
(3) Based on this medical data, the U.S. Department of Health and Human Services advises all health care workers to counsel patients who continue to use injection drugs to use a new sterile syringe each time they prepare and inject drugs. In addition, the American Medical Association approved a resolution on June 14, 2000 "to strongly support the ability of physicians to prescribe syringes and needles to patients with injection drug addiction." (AMA House of Delegates Resolution 416, Physician Prescription of Needles to Addicted Patients.)
(4) Sections 4145 and 4147 of the California Businesses and Professions Code and Section 11364 of the Health and Safety Code have been amended, and Sections 121285 et seq. of the Health and Safety Code has been added, to allow pharmacists participating in a local Disease Prevention Demonstration Project to sell or furnish 10 or fewer hypodermic needles or syringes at any one time to a person 18 years of age or older without a prescription during the period of January 1, 2005 and December 31, 2010.
(5) Under Section 11364 of the Health and Safety Code, as amended, no person within the physical boundaries of the City and County of San Francisco who has in their possession 10 or fewer needles or syringes for personal use obtained from an authorized source in compliance with the Section 11364(c) shall be subject to Section 11364(a) of the Health and Safety Code.
(6) The Disease Prevention Demonstration Project will terminate on December 31, 2010.
(7) The State Department of Health Services, in conjunction with an advisory panel, will evaluate the effects of allowing the sale of hypodermic needles or syringes without prescription and will submit a report to the Governor and Legislation by January 15, 2010.
(b) LOCAL DISEASE PREVENTION DEMONSTRATION PROJECT. The health department shall initiate a local Disease Prevention Project satisfying the requirements for such a program as set forth in Section 121285 et seq. of the Health and Safety Code. The health department shall be responsible for the following:
1. Create and maintain a registry for pharmacies located within the physical boundaries of the City and County of San Francisco desiring to participate in the Local Disease Prevention Demonstration Project, said registry to include:
(A) A contact name and related information for each pharmacy.
(B) Certification in the form of an attestation by an individual authorized to sign on behalf of the pharmacy that at the time of furnishing or sale of hypodermic needles or syringes, the pharmacy will provide customers with written or oral information on all the following:
How to access drug treatment.
How to access testing and treatment for HIV and hepatitis C.
How to safely dispose of sharps waste.
2. Maintain a list of all pharmacies that have registered with the department's Disease Prevention Demonstration Project. Each such registered pharmacy shall also register with the San Francisco Safe Needle Disposal Program. Pharmacies registered with the Disease Prevention Demonstration Project shall notify the department of any changes to the registration information as soon as possible under the circumstances, including notification to withdraw from the program.
3. Registration information may be included in a resource directory for use by consumers and providers.
4. The health department shall make available to participating pharmacies written information that may be provided or reproduced to be provided in writing or orally by the pharmacy at the time of furnishing or the sale of nonprescription hypodermic needles or syringes including information on how to access drug treatment; how to access testing and treatment for HIV and hepatitis C and how to dispose of sharps waste.
5. The health department shall pass regulations as it deems necessary to implement the Disease Prevention Demonstration Project.
6. The department's obligations under these sections are subject to the budgetary and fiscal provisions of the Charter.
(Added by Ord. 44-05, File No. 041611, App. 3/12/2005)