36-798.51. Overdose and disease prevention programs; requirements; standards

A. A city, town, county or nongovernmental organization, including a local health department or an organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors, or any combination of these entities, may establish and operate an overdose and disease prevention program. A program established pursuant to this section shall have all of the following objectives:

1. To reduce the spread of viral hepatitis, HIV and other bloodborne diseases in this state.

2. To reduce needle-stick injuries to law enforcement officers and other emergency personnel.

3. To encourage individuals who inject drugs to enroll in evidence-based treatment.

4. To increase proper disposal of used syringes.

5. To reduce the occurrence of skin and soft tissue wounds and infections related to injection drug use.

B. A program established pursuant to this section shall offer all of the following:

1. Disposal of used needles and hypodermic syringes.

2. Needles, hypodermic syringes and other injection supply items at no cost and in quantities sufficient to ensure that needles, hypodermic syringes and other injection supply items are not shared or reused.

3. Educational materials on all of the following:

(a) Overdose prevention.

(b) Peer support services.

(c) The prevention of HIV, viral hepatitis transmission and the incidence of skin and soft tissue wounds and infections.

(d) Treatment for mental illness, including treatment referrals.

(e) Treatment for substance use disorder, including referrals for substance use disorder treatment.

4. Access to kits that contain naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration to treat a drug overdose, or referrals to programs that provide access to naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration to treat a drug overdose.

5. For each individual who requests services, personal consultations from a program employee or volunteer concerning mental health or substance use disorder treatment or referrals for evidence-based substance use disorder treatment, as appropriate.

C. A program established pursuant to this section shall develop standards for distributing and disposing of needles and hypodermic syringes based on scientific evidence and best practices. The number of needles and hypodermic syringes disposed of through a program shall be at least equivalent to the number of needles and hypodermic syringes distributed through the program.