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AB 396

Revises provisions relating to housing. (BDR 22-232)

2025 Regular Session Introduced by Shea Backus

AB 396 requires every needle/syringe to have a unique serial number and be tracked from distribution to disposal, with quarterly reports and penalties for noncompliance.

Approved by the Governor. Chapter 365.
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Bill Summary · AB 396

AB 396 — Needle and Syringe Exchange Services (Summary)

Overview

AB 396 would expand accountability and safety requirements for entities that administer needle and syringe exchange services. The bill adds serialization, record-keeping, and quarterly reporting obligations, strengthens enforcement through penalties for inaccurate reporting and improper discard, and creates a dedicated fund to support implementation. It also clarifies that data collection must avoid personally identifiable information.

Purpose and Intent

  • Improve safety by ensuring every needle or syringe dispensed is properly discarded and tracked.
  • Establish a verifiable chain of custody for needles and syringes from distribution to destruction.
  • Create a system of penalties to deter fraud, improper disposal, and data manipulation.
  • Provide funding mechanisms to support implementation by the Department of Public Health (CDPH) and local health officers.

Key Provisions and Changes

  • Serial Numbering and Labeling

    • Each needle or syringe dispensed must include a unique serial number printed on a machine-generated adhesive label (not handwritten).

  • Record-Keeping Requirements

    • Entities must maintain:
    • Serial numbers for all needles/syringes dispensed (with date/time to a recipient).
    • Serial numbers for all needles/syringes surrendered to the entity.
    • Serial numbers for all needles/syringes destroyed or disposed of by the entity.

  • Quarterly Reporting

    • On a quarterly basis, entities must disclose to CDPH and the local health officer:
    • Total needles/syringes dispensed, surrendered, and destroyed in the prior quarter.
    • A searchable list of the unique serial numbers for items dispensed, surrendered, and destroyed in the prior quarter.

  • Data Retention and Privacy

    • Data reported under these provisions must be retained for five years.
    • The reporting requirements do not collect or disclose personally identifiable information about individuals or recipients.

  • Enforcement and Penalties

    • If a needle/syringe is found abandoned or improperly discarded and reported to the local health officer, the officer compares the serial number to the entity’s data to identify the dispensing entity. The department is then notified of the violation.
    • Administrative penalty of $1,000 per violation (each needle/syringe reported constitutes a separate violation) against the offending entity.
    • Inaccurate reporting intended to defraud leads to:
    • First violation: $25,000 administrative penalty.
    • Second violation within five years: $40,000 penalty and suspension of operation.

  • Fund and Funding

    • Creates the Needle and Syringe Disposal Fund in the State Treasury to receive penalties.
    • Funds are available, upon legislative appropriation, to implement these provisions.
    • The bill allows supplemental funding to local health officers to assist with disposal costs, such as collection and disposal.

  • State-Mandated Local Program

    • The bill imposes duties on local health officers, potentially creating a state-mandated local program. If the Commission on State Mandates determines there are costs mandated by the state, reimbursement rules apply.

Who is Affected

  • Primary Entities: Organizations authorized to provide needle and syringe exchange services under existing law.
  • State and Local Agencies: California Department of Public Health and local health officers in participating jurisdictions.
  • Participating Jurisdictions: Localities hosting or contracting with needle/syringe exchange programs.
  • Other Stakeholders: Potentially, program operators and fund managers involved in disposal and data reporting.

Timeline and Status

  • Introduced: February 3, 2025.
  • Referred to Committee on Health: February 18, 2025 (with earlier printer activity noted).
  • The bill text specifies a prospective implementation framework; no effective date is listed in the excerpt.

Notes on Fiscal and Administrative Impact

  • Fiscal Committee: Yes (indicating anticipated fiscal considerations).
  • Appropriation: No explicit appropriation in the bill, but penalties fund the Needle and Syringe Disposal Fund.
  • Local Reimbursement: Constitutionally, reimbursement may be required for mandated costs; the bill references standard state-mandated local cost reimbursement provisions.

This summary captures the core purpose, procedural structure, and substantive changes AB 396 would introduce, along with the anticipated impact on programs, local health officers, and enforcing agencies.

Compiled from official sources — confirm details with the bill’s official record.

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