AB 37 California Assembly · 2025-2026 Regular Session

Furnishing hypodermic needles and syringes.

Summary

Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy. Existing law authorizes a physician or pharmacist to, without a prescription or permit, furnish hypodermic needles and syringes for human use to a person 18 years of age or older, and authorizes a person 18 years of age or older to, without a prescription or license, obtain hypodermic needles and syringes solely for personal use from a physician or pharmacist, as a public health measure, as specified. Existing law, when no other penalty is provided, makes a knowing violation of the Pharmacy Law a misdemeanor and, in all other instances, makes a violation punishable as an infraction. This bill would expand the above-described provisions to authorize a delegee of a physician or pharmacist to furnish hypodermic needles and syringes for human use to a person 18 years of age or older. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Issues: ✓ Healthcare

Bill status failed 1 of 4 stages cleared

Introduction

Dec 2024

Committee Review

Floor Vote

Governor

Introduced Dec 2, 2024 Last action Feb 2, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

03/13/25 - Amended Assembly → 01/05/26 - Amended Assembly · 8 edits · Jan 5, 2026

MODERATE

AB 37 was substantially expanded to add a new provision amending Business and Professions Code Section 4145.5, creating a comprehensive framework for furnishing hypodermic needles and syringes without a prescription as a public health measure. The bill now authorizes physicians, pharmacists, or their delegees to furnish needles to adults 18 and older, adds safe disposal and counseling requirements for pharmacies, and includes provisions for animal use. The original workforce development provision (requiring the California Workforce Development Board to study expanding mental health providers serving homeless persons) was retained but moved after the new sections.

SCOPE

Added an entirely new Section 1 amending Business and Professions Code 4145.5 to authorize pharmacists, physicians, or their delegees to furnish hypodermic needles and syringes without a prescription as a public health measure to prevent HIV, hepatitis, and other bloodborne diseases among persons who use syringes.

Added subsection (c) allowing pharmacists, veterinarians, or persons licensed under Section 4141 to furnish hypodermic needles and syringes for animal use without a prescription or license.

ELIGIBILITY

Added subsection (b) allowing any person 18 years of age or older to obtain hypodermic needles and syringes solely for personal use from a physician, pharmacist, or their delegee without a prescription or license.

REQUIREMENT

Added subsection (d) requiring pharmacies that furnish nonprescription needles and syringes to store them in a manner ensuring they are available only to authorized personnel and not accessible to other persons.

Added subsection (e) requiring pharmacies or needle exchange programs to counsel consumers on safe disposal and provide at least one of three disposal options: an onsite collection program, mail-back sharps containers with tracking forms, or a sharps container meeting state and federal standards.

Added subsection (f) requiring pharmacies to provide written information or verbal counseling at the time of furnishing on how to access drug treatment, HIV and hepatitis C testing and treatment, and safe sharps disposal.

FISCAL

Changed fiscal committee designation from 'no' to 'yes' and state-mandated local program from 'no' to 'yes', reflecting that the new needle/syringe provisions impose costs on local agencies. Added a no-reimbursement provision (Section 2) stating no reimbursement is required because the act creates or changes a crime or infraction.

DEFINITION

Added 'delegee' as an authorized furnisher of hypodermic needles and syringes, expanding beyond just physicians and pharmacists to include their delegates (such as pharmacy technicians or other delegated staff).

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Feb 2, 2026

Lower · Passed

From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

lower

Jan 6, 2026

Lower · Passed

In committee: Set, first hearing. Hearing canceled at the request of author.

lower

Jan 5, 2026

Committee

Re-referred to Com. on B. & P. pursuant to Assembly Rule 96.

lower

Jan 5, 2026

Committee

Re-referred to Com. on L. & E.

lower

Jan 5, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

lower

Mar 17, 2025

Committee

Re-referred to Com. on L. & E.

lower

Mar 13, 2025

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

lower

Mar 13, 2025

Committee

Referred to Com. on L. & E.

lower

Dec 3, 2024

Lower · Passed

From printer. May be heard in committee January 2.

lower

1 primary · 0 co-sponsors