Bill Text: AZ HB2389 | 2018 | Fifty-third Legislature 2nd Regular | Engrossed


Bill Title: Syringe access programs; authorization

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2018-04-11 - Senate Conference members: BROPHY MCGEE has been replaced by PETERSEN [HB2389 Detail]

Download: Arizona-2018-HB2389-Engrossed.html

 

 

 

Senate Engrossed House Bill

 

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

Second Regular Session

2018

 

 

HOUSE BILL 2389

 

 

 

AN ACT

 

Amending title 36, chapter 6, article 9, Arizona Revised Statutes, by adding section 36‑791; Amending title 36, chapter 6, Arizona Revised Statutes, by adding article 10; relating to public health.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 36, chapter 6, article 9, Arizona Revised Statutes, is amended by adding section 36-791, to read:

START_STATUTE36-791.  Public health emergency; declaration; notification

The director may declare a public health emergency to address a possible outbreak of an infectious disease that is being spread by the sharing of needles.  The director may limit the public health emergency to a specific geographic area in this state.  The director shall notify the local health authority in the geographic area in which the public health emergency is declared.

Sec. 2.  Title 36, chapter 6, Arizona Revised Statutes, is amended by adding article 10, to read:

ARTICLE 10.  NEEDLE AND HYPODERMIC SYRINGE EXCHANGE

START_STATUTE36-795.  Needle and hypodermic syringe exchange programs; authorization; declaration of public health emergency; definition

A.  A qualified entity may operate a needle and hypodermic syringe exchange program in a jurisdiction where a public health emergency has been declared by the director of the department of health services pursuant to section 36‑791 related to an outbreak of an infectious disease that is being spread by the sharing of needles.  The program may operate for the duration of the public health emergency unless a county or municipality revokes the authorization under this section of the nonprofit organization that is operating the program.  The objectives of a program established pursuant to this section shall be all of the following:

1.  To reduce the spread of viral hepatitis 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 reduce the number of used needles and hypodermic syringes that are disposed of in public places within the community.

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

3.  Educational materials on all of the following:

(a)  Overdose prevention.

(b)  The prevention of HIV, AIDS and viral hepatitis transmission.

(c)  Drug abuse prevention.

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

(e)  Treatment for substance abuse, including referrals for substance abuse 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 for the treatment of 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 for the treatment of a drug overdose.

5.  For each individual who requests services, personal consultations from a program employee or volunteer concerning mental health or addiction treatment, as appropriate.

C.  A program established pursuant to this section shall develop standards for the exchange of needles and hypodermic syringes based on scientific evidence and best practices.  The number of needles and hypodermic syringes provided through a program shall be equivalent to the number of returned needles and hypodermic syringes received through the program.

D.  A county board of supervisors or a governing body of a municipality may request that the director of the department of health services declare a public health emergency pursuant to section 36‑791 if there is reason to believe that there is an outbreak of an infectious disease that is being spread by the sharing of needles.  The request shall include data and justification for the request and may include information from law enforcement, health care institutions and any other relevant source.  If the department of health services receives a request to declare a public health emergency pursuant to section 36‑791, the director shall approve or deny the declaration request or request additional information within ten calendar days after the date the declaration request is submitted.  If additional information is requested by the director and is provided by the county or municipality, the director shall approve or deny the declaration request within ten calendar days after receiving the additional information.  A public health emergency declared pursuant to a request under this subsection may remain in effect for not more than one year after the date the public health emergency is declared.  The director may renew the declaration of the public health emergency on the request of the county board of supervisors or the governing body of the municipality that requested the initial declaration.

E.  For the purposes of this section, "qualified entity" means any of the following:

1.  A county health department.

2.  A municipality that operates a program within the boundaries of the municipality.

3.  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 an official action of a local health department, a county board of supervisors or the governing body of a municipality for the operation of a program within the boundaries of the municipality. END_STATUTE

START_STATUTE36-795.01.  Immunity

A.  Notwithstanding title 13, chapter 34, an employee, volunteer or participant of a program established pursuant to section 36‑795 may not be charged with or prosecuted for possession of any of the following:

1.  A needle, hypodermic syringe or other injection supply item obtained from or returned to a program established pursuant to section 36‑795.

2.  A residual amount of a controlled substance contained in a used needle, used hypodermic syringe or used injection supply item obtained from or returned to a program established pursuant to section 36-795.

B.  Subsection A of this section applies only if the person claiming immunity provides written verification that a needle, hypodermic syringe or other injection supply item was obtained from a needle and hypodermic syringe exchange program established pursuant to section 36‑795. END_STATUTE

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