Assigned to GOV AS
PASSED BY COMMITTEE
Assigned to GOV AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
syringe access programs; authorizations
Purpose
Allows a city, town, county (local government) or specified organization to establish and operate a program for needle and hypodermic syringe exchange and outlines objectives and services to be offered.
Background
Needle and hypodermic syringe exchange programs (Programs) are community-based programs that provide access to sterile needles and hypodermic syringes free of cost and facilitate safe disposal of used needles and syringes. According to the Centers for Disease Control and Prevention and the U.S. Department of Health and Human Services, Programs are components of a comprehensive, integrated approach to HIV prevention among people who inject drugs. Most Programs offer education on safer injection practices and wound care, overdose prevention, referral to substance use disorder treatment programs including medication-assisted treatment, as well as counseling and testing for HIV and hepatitis C. Many provide referrals to critical services and programs, such as HIV care, treatment, hepatitis C treatment, hepatitis A and B vaccinations, and other medical, social, and mental health services (Centers for Disease Control and Prevention).
Naloxone is a medication designed to reverse an opioid overdose. It is an opioid antagonist, and binds to opioid receptors to reverse and block the effects of other opioids. It can very quickly restore normal respiration to a person whose breathing has slowed or stopped as a result of overdosing with heroin or prescription opioid pain medications (National Institute on Drug Abuse).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a county Board of Supervisors or a governing body of a municipality to request the Director of the Arizona Department of Health Services (Director) to declare a public health emergency if there is reason to believe there is an outbreak of an infectious disease being spread by the sharing of needles.
2. Stipulates the request must include data and justification and may include information from law enforcement, health care institutions and other relevant sources.
3. Requires the Director to approve or deny the declaration request or request additional information within 10 days. If additional information is provided, the Director must approve or deny the declaration request within 10 days.
4. Allows qualified entities to operate a Program in a jurisdiction where a public health emergency has been declared to address a possible outbreak of an infectious disease being spread by the sharing of needles.
5. Allows a Program to operate for the duration of the public health emergency unless a county or municipality revokes the authorization of a nonprofit organization.
6. Allows the Director to declare a public health emergency to address a possible outbreak of an infectious disease being spread by the sharing of needles.
7. Stipulates that a public health emergency may remain in effect for no more than one year and allows the Director to renew the declaration of the public health emergency.
8. Allows the Director to limit the public health emergency to a specific geographic area and requires the Director to notify the local health authority in the area where the public health emergency is declared.
9. Stipulates Program objectives must be:
a) to reduce the spread of viral hepatitis and other bloodborne diseases in this state;
b) to reduce needle-stick injuries to law enforcement officers and other emergency personnel;
c) to encourage individuals who inject drugs to enroll in evidence-based treatment; and
d) to reduce used needles and hypodermic syringes that are disposed of in public places in the community.
10. Requires a Program to offer the following:
a) disposal of used needles and hypodermic syringes;
b) needles, hypodermic syringes and other injection supplies at no cost and in sufficient quantities to ensure that they are not shared or reused;
c) educational materials on all the following topics:
i. overdose prevention;
ii. HIV, AIDS and viral hepatitis prevention;
iii. drug abuse prevention;
iv. treatment for mental illness and referrals; and
v. treatment for substance abuse and referrals.
d) access to kits containing naloxone hydrochloride or any other FDA approved opioid antagonist for the treatment of a drug overdose, or referrals to programs that provide access to naloxone hydrochloride or any other FDA approved opioid antagonist for the treatment of a drug overdose; and
e) personal consultations from a program employee or volunteer concerning mental health or addiction treatment to those requesting services, as appropriate.
11. Requires a Program to develop standards for the exchange of needles and hypodermic syringes based on scientific evidence and best practices.
13. Exempts a Program employee, volunteer or participant from being charged with or prosecuted for possession of:
a) a needle, hypodermic syringe or other injection supply item obtained from or returned to a Program, only if there is written verification that the outlined items were obtained from a Program; or
b) a residual amount of a controlled substance contained in a used needle, hypodermic syringe or injection supply item obtained from or returned to a Program, only if there is written verification that the outlined items were obtained from a Program.
14. Defines qualified entity as:
a) a county health department;
b) a municipality that operates a Program within the boundaries of the municipality; or
c) a nonprofit organization that promotes scientifically proven ways of mitigating health risks associated with drug use and has been approved to operate the Program by a local health department, a county Board of Supervisors or the governing body or a municipality.
15. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Allows a county Board of Supervisors or a governing body of a municipality to request the Director to declare a public health emergency if there is reason to believe there is an outbreak of an infectious disease being spread by the sharing of needles.
2. Allows the Director to declare a public health emergency and to limit the public health emergency to a specific geographic area.
3. Stipulates that a public health emergency may remain in effect for no more than one year and allows the Director to renew the declaration of the public health emergency.
House Action: Senate Action
HEALTH 2/15/2018 DPA 8-1-0-0 GOV 3/14/2018 DPA 6-0-1
3rd Read 2/22/2018 56-0-4
Prepared by Senate Research
March 16, 2018
JO/MG/lat