ARIZONA HOUSE OF REPRESENTATIVES

HB 2389: syringe access programs; authorization
PRIME SPONSOR: Representative Rivero, LD 21 BILL STATUS: Senate Engrossed                Senate 3^rd Read: 22-8-0-0

Abstract

Relating to the authorization of Programs.

Provisions

1. Permits the Director to declare a public health emergency concerning the possible outbreak of infectious disease due to the sharing of needles.

2. Permits a county health department, municipality or nonprofit organization to operate a Program in an area where ADHS declares a public health emergency relating to an outbreak of disease due to needle sharing.

3. Stipulates that a Program may operate for the duration of a health emergency, unless a county or city revokes the statutory authorization of a nonprofit organization that is operating a Program.

4. Permits the Director to limit a public health emergency to a specific geographic area.

a. Requires the Director to notify the affected local health authority.

5. Allows a county board of supervisors or municipal governing body to request that the Director declare a public health emergency if there is reason to believe that an outbreak is occurring.

a. Requires a request to include a justification and data for the request.

b. Permits a request to include information from law enforcement, health care institutions and any other source.

6. Requires the Director to request additional information or approve or deny a request for a public health emergency declaration within 10 days of the request submission.

7. Stipulates that if the Director requests additional information, the public health emergency declaration request must be approved or denied within 10 days of receiving the additional information.

8. Prohibits a public health emergency declaration regarding the outbreak of disease from shared needles from lasting longer than one year.

a. Permits a public health emergency declaration to be renewed if the governing body that made the initial request seeks an extension.

9. Requires a Program's objectives to:

a. Reduce:

i. The spread of disease;

ii. Needle-related injuries to first responders;

iii. The number of used needles and syringes that are disposed of in public places; and

b. Encourage intravenous drug users to enroll in evidence-based drug treatment. (Sec. 1)

10. Requires a Program to offer:

a. Needle and syringe disposal;

b. Needle and syringe related supplies at no charge;

c. Access to opioid antagonists and programs that offer opioid antagonists;

d. Personal mental health or addiction treatment consultations; and

e. Educational materials about:

i. Overdose prevention;

ii. Disease prevention;

iii. Drug abuse prevention;

iv. Mental health treatment and referrals; and

v. Substance abuse treatment and referrals. (Sec. 1)

11. Requires a Program to develop standards for the exchanges of needles and hypodermic syringes that are based on scientific evidence and best practices. (Sec. 1)

12. Requires the number of needles and hypodermic syringes provided by a Program to be the same as the number of needles and hypodermic syringes turned into the Program. (Sec. 1)

13. Provides criminal immunity for a Program participant, employee or volunteer who possesses a:

a. Needle, syringe or injection supply item related to a Program; or

b. Residual amount of drugs contained in a needle, syringe or injection supply item related to a Program. (Sec. 1)

14. Specifies that criminal immunity only applies if a person provides written verification that a needle, syringe or injection supply item was obtained from a Program. (Sec. 1)

15. Defines qualified entity.

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Fifty-third Legislature                  HB 2389

Second Regular Session                               Version 4: Senate Engrossed

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