Getting new syringes prevents HIV and hepatitis from spreading and lowers the chance of other sicknesses and harm for people who use syringes.
Key Points:
It’s okay to have syringes for your own use in California.
You are not required to “exchange” syringes to get clean ones. Santa Clara County’s program is needs-based – meaning you can get what you and your peers need.
- Syringes you have for yourself aren’t considered drug paraphernalia under the law (Health and Safety Code Sections 11364 and 11364.5).
The law encourages using special containers (called sharps containers) to dispose of syringes safely. These containers are designed to prevent injuries and protect the environment. While the law suggests using these containers, it also requires that syringes and other sharp items be disposed of properly to keep people and the environment safe.
There’s no limit to how many syringes you can have.
Anyone can have syringes, no matter their age.
It’s okay to have syringes from any place, and you don’t need to show where you got them from, like a receipt or ID.
For more details, you can read the following:
To find syringes in your area, visit the Resource Hub.
California law protects people who call 9-1-1 or seek medical assistance for another person experiencing a suspected drug overdose.
Key Points:
- Health and Safety Code section 11376.5 is a law in California that helps people during a drug overdose emergency.
- If someone calls 9-1-1 to get medical help for a person who has overdosed, the caller and the person who overdosed won’t get in trouble for being under the influence of, or using, drugs or drug paraphernalia.
- Because of this law, more people receive help faster, which saves lives.
- However, the law doesn’t protect against selling, providing, giving, or exchanging drugs; forcing someone to take drugs; or other unlawful activities.
For more details, you can read Health and Safety Code section 11376.5.
Santa Clara County provides free sterile syringes and other supplies to keep people safe and prevent sickness. Doctors and pharmacists can also give out syringes without needing a special note.
Key Points:
In addition to sterile syringes, the County also provides containers to store and transport used syringes safely.
Doctors, pharmacists, and harm reduction workers approved by state or local governments can give out syringes without needing a note from a doctor.
Find syringe access locations by visiting the Resource Hub.
In California, people and organizations are able to carry and give out naloxone. In Santa Clara County, this can include places like community health centers, pharmacies, libraries, public health department locations, and universities.
Key Points:
Doctors can give standing orders for naloxone to people who might overdose on opioids or to people who might help during an overdose.
Public health workers and volunteers can legally have and give out naloxone without a standing order.
Anyone can have naloxone that’s given out under a standing order, even without a special note for just one person. They can give it to someone they think might be having an opioid overdose.
Pharmacists can also give out naloxone without needing a special note. Anyone can buy naloxone at pharmacies that have it.
- If naloxone is used on somebody not experiencing an opioid overdose, it is not harmful to the person. There will be no effect if the person does not have opioids in their system.
For more details, you can read the following:
Civil Code 1714.22: Standing Order Naloxone Dispensing and Personal Possession
Business and Professions Code 4052.01: Nonprescription Naloxone Dispensing by Pharmacists
To find naloxone near you, visit the Resource Hub.
Some items used for preparing or using drugs can spread diseases or cause harm if shared. In California, the law empowers state and local health departments to give out these items for public health reasons. These include things like cotton filters, containers for mixing drugs, tourniquets, alcohol swabs, clean water and saltwater, containers for safely disposing of syringes, pipes and foil for smoking drugs, straws, and more.
Key Points:
- The Santa Clara County Public Health Department makes available:
- Access to and disposal of sterile syringes
- Sharps containers
- Alternatives to injection supplies (supplies for snorting, smoking, and booty bumping)
- Caps or cookers
- Tourniquets
- Alcohol wipes
- Bandages or gauze
- Safer sex supplies
State and local health departments decide which items harm reduction programs can give out to prevent diseases, injuries, or overdoses.
These items are not called "drug paraphernalia" and can be legally owned by harm reduction workers, volunteers, and people using harm reduction programs.
The California Department of Public Health's Office of AIDS chooses all items in its Syringe Supplies Clearinghouse to help harm reduction programs prevent diseases, injuries, or overdoses.
For more details, you can read the following:
Find safer drug use supplies near you, visit the Resource Hub.
Talking about substance use with a doctor can be challenging. When talking with a doctor, it is important to speak up and advocate for yourself. By knowing your rights and options, you can make choices that keep you healthy and safe.
What is self-advocacy?
Self-advocacy means sharing what you need and want when it comes to your health. It is about understanding how to use substances in a safer way and talking openly with your doctors about your experiences.
Why self-advocacy is important
- Empowerment: When you stand up for yourself, you feel more in control of your health choices.
- Informed choices: Knowing your rights, safer ways to use, and treatment options help you make better decisions that fit your life.
- Building trust: Talking honestly with your doctor helps create a strong relationship, making it easier to get the support you need.
- Reducing stigma: Sharing your story can help others understand substance use better, creating a kinder healthcare environment.
Key points on advocating for yourself at the doctor’s office
- Educate yourself: Learn about your substance use, safer ways to use, and treatment options. Learn about your rights as a patient, including the right to receive care regardless of immigration status. Many places cannot deny care based on immigration status. The more you know, the better you can ask questions.
- Prepare for appointments:
- Write down your questions and concerns before visiting your doctor so you do not forget anything important.
- If you are concerned about documentation status, look for federally qualified health centers (FQHCs) that offer services regardless of immigration status.
- When making an appointment, let the office know that you need a translator, if you need one. Many healthcare facilities offer interpretation services.
- If translators are not available, you can bring a trusted friend or family member who speaks both languages to help translate and communicate your needs. You can also download translation apps, like Google Translate, that can assist in real-time communication. Many have features for voice translation, which can be helpful.
- Talk openly:
- Be honest about your substance use with your doctor. This helps them give you the best care.
- Talk about any worries you have about privacy or immigration status. Let the doctor know if you are scared to share personal information. A good doctor will focus on keeping you healthy and will make sure you feel safe getting care. Being honest can help them help you better while keeping your information private.
- Ask questions: Do not be shy about asking about safer ways to use, treatment options, and what to expect. It is your health, and you deserve to know.
- Get support: If you feel nervous, bring a trusted friend or family member to your appointments. They can help you speak up for yourself.
- Follow up: If you do not understand something, reach out after your appointment. It is important to get the information you need.
Your voice matters! By speaking up for yourself, you not only improve your own health but also help create a more supportive healthcare system for everyone.
Knowing your rights as a patient is important, especially if you are seeking help for substance use.
Key points on your rights as a patient:
- Right to privacy: Your history with substance use is private. Doctors must keep this information confidential unless you say they can share it. There are some privacy protections and limitations for minors. For more information, see California Minor Consent and Confidentiality Laws and Frequently Asked Questions on California’s Minor Consent Substance User Disorder Treatment Law.
- Informed consent: You have the right to know about any treatments, including what might help you and what might cause side effects. You can ask questions until you understand everything.
- Right to non-discrimination: You cannot be denied care because of your substance use history. Everyone should be treated with respect and get the same care.
- Access to support services: You can ask for help, like meeting with specialists or joining support groups. This also includes harm reduction services.
- Right to challenge treatment decisions: If you do not agree with a treatment plan, you can ask for a second opinion or suggest different options.
- Right to refuse treatment: You can say no to any treatment, even if a doctor recommends it, as long as you understand the risks of saying no.
Learn more about the Patients’ Bill of Rights.
Rights in substance-use related emergency room visits
The Legal Action Center outlines what to expect if you go to the emergency room for help with substance use:
- Screening for substance use: The staff should ask about your drug or alcohol use and check if you have a substance use disorder.
- Medication for opioid use: If you feel sick from not using opioids, the staff should offer you medication like buprenorphine (Suboxone) or methadone to help.
- Follow-up care: After your visit, the doctor should help you find treatment options to continue your care.
- Naloxone: You should get naloxone or a prescription for it before leaving. This medication can save lives if someone overdoses on opioids.
Legal protections
| Law | What it means |
|
This law says emergency rooms must check your condition and give you treatment to keep it from getting worse. |
| This law protects people with disabilities, including people with substance use disorders. The emergency room cannot refuse to treat you because of your drug or alcohol use. |
What to do if you do not get the help you need
- Speak up: If you do not get the care you need, ask the doctor for help or request a patient advocate.
- File a complaint: If the emergency room does not give you the right care, you can file a complaint through the Legal Action Center.
Resources to learn about your rights
- National Patient Advocate Foundation (NPAF): This group gives information about patient rights.
- Substance Abuse and Mental Health Services Administration (SAMHSA): They provide resources for people with substance use issues.
- Legal Action Center (LAC): This nonprofit helps people understand their legal rights about substance use and unfair treatment in healthcare. They provide resources to ensure fair treatment and help with legal problems about substance use.
- Check out their Be Empow(ER)ed! Guide: This guide explains what services emergency rooms should offer for alcohol- or drug-related emergencies. It also lists steps people can take when denied these services.
- Check out their Be Empow(ER)ed! Guide: This guide explains what services emergency rooms should offer for alcohol- or drug-related emergencies. It also lists steps people can take when denied these services.
- National Center for Youth Law: Provides resources about youth rights, including health care and substance use. Check out the following resources on their Teen Health Law website:
- National Immigration Law Center (NILC): Check out their section on Health Care Access for Immigrants.
- Health Resources and Services Administration (HRSA): Use their Find a Health Center tool to locate community health centers that provide care regardless of immigration status.
- California Immigrant Policy Center: See their Health and Public Benefits section for information on immigrants and health care.
Take Action
If you feel your rights are not being respected, reach out to a patient advocate or the Legal Action Center for help. Knowing your rights can help you get the care you need.