Increasing Legal and Regulatory Support for Pharmacy Syringe Sales to Injection Drug Users, Washington State, 1999–2002

Abstract

In 1999 the Centers for Disease Control and Prevention (CDC), the American Pharmaceutical Association (APhA), and the National Association of Boards of Pharmacy co-sponsored a conference in San Antonio to examine blood-borne disease transmission and state policies on pharmacy syringe sales. The presenters provided convincing evidence of the need to modify laws, rules, and policies at the state level to allow the sale of sterile syringes to injection drug users (IDUs) to reduce blood-borne disease transmission. The evidence demonstrated that drug injection with previously used injecting equipment contributes substantially to human immunodeficiency virus (HIV) transmission among IDUs, their sex partners, and their children, and selling sterile syringes addresses a legitimate public health concern by decreasing the reuse of syringes. Since 1991, the Washington State Board of Pharmacy (“Board”) has supported syringe distribution through syringe exchange programs (SEPs). In a lawsuit about the legality of a proposed SEP, the Board filed an amicus brief supporting the local public health department proposal. A 1992 Washington court decision found that Washington public health officials had extraordinary power and broad authority to control the spread of infectious disease . The court stated, “Moreover, we are persuaded the broad powers given local health boards and officers under (Washington State) Const. Art 11, § 11 and RCW 70.05 authorize them to institute needle exchange programs in an effort to stop the spread of HIV and AIDS [acquired immunodeficiency syndrome].” 1 The Supreme Court ruling did not mention pharmacy