Bill Text: OH HB602 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To authorize the establishment of syringe exchange programs.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2010-11-17 - To Health [HB602 Detail]
Download: Ohio-2009-HB602-Introduced.html
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Representative Foley
Cosponsors:
Representatives Hagan, Chandler, Harris, Yuko, Domenick, Stewart, Belcher
| To enact section 3707.37 of the Revised Code to | 1 |
| authorize the establishment of syringe exchange | 2 |
| programs. | 3 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3707.37 of the Revised Code be | 4 |
| enacted to read as follows: | 5 |
| Sec. 3707.37. (A) As used in this section: | 6 |
| (1) "Board of health" means the board of health of a city or | 7 |
| general health district or the authority having the duties of a | 8 |
| board of health under section 3709.05 of the Revised Code. | 9 |
| (2) "Injection drug user" means a person who uses a syringe | 10 |
| or hypodermic needle to inject a controlled substance into the | 11 |
| person's own body. | 12 |
| (B)(1) A board of health may establish a syringe exchange | 13 |
| program in order to reduce the transmission of bloodborne diseases | 14 |
| within the health district represented by the board. | 15 |
| (2) Before establishing a syringe exchange program, the board | 16 |
| of health shall consult with local law enforcement | 17 |
| representatives; prosecutors, as defined in section 2935.01 of the | 18 |
| Revised Code; representatives of local substance abuse treatment | 19 |
| providers; persons recovering from substance abuse; relevant | 20 |
| private, nonprofit organizations, including hepatitis C and HIV | 21 |
| advocacy organizations; members of the local community; and any | 22 |
| other interested parties selected by the board. When consulting | 23 |
| with the interested parties, the board and the interested parties | 24 |
| shall consider, at a minimum, all of the following: | 25 |
| (a) The scope of transmission of bloodborne diseases through | 26 |
| syringe or hypodermic needle use in the health district; | 27 |
| (b) The population the syringe exchange program would serve; | 28 |
| (c) Concerns of the law enforcement representatives; | 29 |
| (d) Day-to-day administration of the program, including the | 30 |
| hiring of employees or use of volunteers. | 31 |
| (C)(1) If a board of health establishes a syringe exchange | 32 |
| program, the board shall ensure that the program, at a minimum, | 33 |
| does all of the following: | 34 |
| (a) Provides each injection drug user participating in the | 35 |
| program with the information and means to protect the user, any | 36 |
| person sharing the user's syringes or needles, and the user's | 37 |
| family from exposure to bloodborne disease; | 38 |
| (b) Provides a sterile syringe or hypodermic needle to each | 39 |
| user in exchange for each respective used syringe or needle | 40 |
| collected from the user; | 41 |
| (c) Disposes of used syringes and hypodermic needles in | 42 |
| accordance with Chapter 3734. of the Revised Code; | 43 |
| (d) Provides safety protocols and education regarding | 44 |
| handling and disposal of syringes and hypodermic needles to each | 45 |
| user; | 46 |
| (e) Makes testing for bloodborne diseases available to each | 47 |
| user; | 48 |
| (f) Provides counseling to each user regarding exposure to | 49 |
| bloodborne diseases; | 50 |
| (g) Refers each user for drug abuse treatment, including | 51 |
| opioid substitution therapy; | 52 |
| (h) Encourages each user to seek appropriate medical, mental | 53 |
| health, or social services; | 54 |
| (i) Uses a recordkeeping system that ensures that the | 55 |
| identity of each user remains anonymous; | 56 |
| (j) Provides each user with a wallet certificate that states | 57 |
| that the user is an active participant in the program. | 58 |
| (2) The board of health may establish policies and procedures | 59 |
| necessary for carrying out the purposes of a syringe exchange | 60 |
| program established under this section. | 61 |
| (D) A board of health may contract with a private, nonprofit | 62 |
| organization to operate a syringe exchange program on behalf of | 63 |
| the board. If the board contracts with an organization, the board | 64 |
| shall annually review the contract to determine whether it should | 65 |
| be renewed. During the review, the board shall consult with | 66 |
| interested parties selected by the board and consider the issues | 67 |
| listed under division (B)(2) of this section. After the review, if | 68 |
| the board determines that the organization has satisfactorily | 69 |
| carried out the purpose of the syringe exchange program and will | 70 |
| continue to do so, the board may renew the contract. | 71 |
| (E) Neither of the following shall be subject to criminal | 72 |
| liability under sections 2923.24, 2925.12, 2925.14, and 3719.172 | 73 |
| of the Revised Code: | 74 |
| (1) An employee or volunteer of a syringe exchange program | 75 |
| when carrying out the duties of the program; | 76 |
| (2) An injection drug user who is within one thousand feet of | 77 |
| a program facility and is in possession of a wallet certificate | 78 |
| stating that the user is an active participant in the program. | 79 |
| (F)(1) A board of health that establishes a syringe exchange | 80 |
| program shall submit an annual report to the department of health | 81 |
| on the effectiveness of the program. The first report to the | 82 |
| department shall be submitted on or before the first day of July | 83 |
| following the first full calendar year the program is in | 84 |
| operation. All subsequent reports to the department shall be | 85 |
| submitted on or before the first day of July. | 86 |
| (2) The department of health shall submit an annual report to | 87 |
| the standing committees of the general assembly with primary | 88 |
| responsibility for health legislation that summarizes the reports | 89 |
| made to the department under division (F)(1) of this section. The | 90 |
| first report to the standing committees shall be submitted on or | 91 |
| before the first day of September following receipt of any first | 92 |
| reports made under division (F)(1) of this section. All subsequent | 93 |
| reports to the standing committees shall be submitted on or before | 94 |
| the first day of September. | 95 |
| (3) A report submitted under division (F)(1) or (2) of this | 96 |
| section shall not contain any information that identifies or would | 97 |
| tend to identify an injection drug user participating in a syringe | 98 |
| exchange program. | 99 |
