Needles bill vetoed, but override is near

Serghino René

State Rep. Byron Rushing wasn’t surprised.

Given Gov. Mitt Romney’s presidential aspirations and courting of the conservative right, passage of clean needles legislation was a long-shot.

“Romney is demonstrating to the national constituency of conservatives that even though they are losing the battle [on this issue] he is still on their side,” said Rushing.

As it stands, Massachusetts is one of only three states that outlaw possession of a hypodermic needle without a medical prescription. Last month, Romney vetoed the bill that would authorize the sale of needles as a way to further reduce the spread of HIV/AIDS, hepatitis C and other blood-born diseases.

Romney told reporters that signing the bill would promote the wrong message by appearing to condone drug usage.

“We believe that upon review of this bill that some of the unintended consequences could be more severe than the benefits that would be achieved by signing the bill,” Romney said. “For that reason I have vetoed the bill that has been brought to my desk.”

Lt. Gov. Kerry Healey stood firmly behind Romney’s decision, saying the bill was misguided, would lead to a dramatic increase in the number of discarded needles and put park and beach visitors as well as neighborhood residents at risk.

Based on the numbers, Romney is not entirely wrong. Even though the state doesn’t have a clean needles law, the transmission of disease through dirty needles appears to have declined significantly over the years.

Department of Public Health statistics indicate that the transmission rate of HIV/AIDS through intravenous needle use has dropped from 32.8 percent of new cases in 1997 to 15.7 percent of new cases in 2004.

But over the same period, a number of fatal overdoses and heroin related hospitalizations have jumped dramatically. In 1997, there were 9,612 heroin-related hospitalizations. By 2004, that number had nearly doubled to 17,704. In addition, heroin overdoses that have resulted in death have jumped from 172 to 574 during the same time period.

To supporters of the Clean Needles Bill, the Romney administration’s defense only fosters the belief that addiction is just a crime, not a public health issue. They further argue that dispensing clean needles doesn’t increase illegal drug usage and would further reduce the transmission of diseases.

“There is no proof that providing clean needles increases drug usage,” said Cathy Morales, executive director of the Boston Living Center. “Giving out condoms doesn’t increase sex, it just keeps people safer.”

Rushing was particularly disappointed. He was one of the original sponsors of the legislation back in 1995.

“[Romney] is not willing to adopt what is now an approved form of cutting down the number of HIV/AIDS cases,” says Rushing. “By not signing the bill he is saying that addicts should stop being drug addicts before they get treatment. [This bill] will help stop the rate of transmission and let addicts know that even though they are addicts, the state is still concerned about their welfare.”

Barbara Goulart, a senior RN and infection control officer at Whittier Street Health Center, refuses to give into the idea that providing needles will promote increased drug use. She believes that in a perfect world, eradicating the use of illegal drugs would be a great solution, but this bill is the best and most practical way to combat the problem.

“The goal is to keep people from becoming infected while working to become clean,” said Goulart. “If you teach someone to use needles safely, it’s a step forward towards helping themselves.”

If the bill passes, nonprescription needle sales would be legalized to people over the age of 18 and needle possession would be decriminalized. In addition, pharmacists would have to provide brochures, created by the state Department of Public Health, with information on the proper use and disposal of syringes and hypodermic needles.

Over the years Rushing has worked with elected officials and community advocates in an attempt to create needle exchange programs where dirty needles are swapped for clean ones. Although the state Department of Health supports the idea, Rushing said the issue remains controversial and there has been no support from the Romney administration.

Rushing says a large part of the problem lies with how the government views addiction.

“If you go to the emergency room and you’re an addict, chances are you’ll enter a detox program, but won’t receive a regimen to get you off drugs,” said Rushing. “It’s the same as going to the emergency room with a broken arm, only to be told that the doctors can’t do anything for you. But they can give you information on how not to break it again.”

Morales said addiction is more than just people experimenting with drugs.

“We have to stop seeing drug usage as a problem people bring upon themselves. It’s a disease and takes many years of work and support,” said Morales. “Being judgmental doesn’t help anyone.”