Bill Text: OH HB92 | 2013-2014 | 130th General Assembly | Engrossed
Bill Title: To authorize the establishment of syringe exchange programs.
Spectrum: Slight Partisan Bill (Democrat 20-7)
Status: (Engrossed - Dead) 2013-10-07 - To Medicaid, Health & Human Services [HB92 Detail]
Download: Ohio-2013-HB92-Engrossed.html
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Representatives Antonio, Sears
Cosponsors:
Representatives Foley, Rogers, Ashford, Stinziano, Fedor, Strahorn, Brown, Letson, Barnes, Bishoff, Johnson, Boyd, Celebrezze, Driehaus, Hackett, Hagan, R., McGregor, O'Brien, Ramos, Sheehy, Smith, Sprague, Terhar, Williams, Winburn
| 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) "Bloodborne pathogens" means the human immunodeficiency | 7 |
| virus (HIV), hepatitis B virus, and hepatitis C virus. | 8 |
| (2) "Board of health" means the board of health of a city or | 9 |
| general health district or the authority having the duties of a | 10 |
| board of health under section 3709.05 of the Revised Code. | 11 |
| (3) "Controlled substance" has the same meaning as in section | 12 |
| 3719.01 of the Revised Code. | 13 |
| (4) "Injection drug user" means a person who uses a syringe | 14 |
| or hypodermic needle to inject a controlled substance into the | 15 |
| person's own body. | 16 |
| (B) A board of health may establish a syringe exchange | 17 |
| program for the purpose of reducing the transmission of bloodborne | 18 |
| pathogens among the residents of the health district represented | 19 |
| by the board. The cost of the program is the responsibility of the | 20 |
| board of health. | 21 |
| (C) A syringe exchange program shall, at a minimum, do all of | 22 |
| the following with respect to the program's operation and its | 23 |
| participants: | 24 |
| (1) Provide a sterile syringe or hypodermic needle to each | 25 |
| injection drug user in exchange for each respective used syringe | 26 |
| or needle collected from the user; | 27 |
| (2) Dispose of used syringes and hypodermic needles in | 28 |
| accordance with Chapter 3734. of the Revised Code; | 29 |
| (3) Provide safety protocols and education regarding handling | 30 |
| and disposal of syringes and hypodermic needles to each injection | 31 |
| drug user; | 32 |
| (4) Provide each injection drug user with the information and | 33 |
| means to protect the user, any person sharing the user's syringes | 34 |
| or needles, and the user's family from exposure to bloodborne | 35 |
| pathogens; | 36 |
| (5) Provide counseling to each injection drug user regarding | 37 |
| exposure to bloodborne pathogens; | 38 |
| (6) Refer each injection drug user to the board of alcohol, | 39 |
| drug addiction, and mental health services that serves the area in | 40 |
| which the health district is located; | 41 |
| (7) Encourage each injection drug user to seek appropriate | 42 |
| medical, mental health, or social services; | 43 |
| (8) Use a recordkeeping system that ensures that the identity | 44 |
| of each injection drug user remains anonymous; | 45 |
| (9) Provide each injection drug user with a wallet | 46 |
| certificate that states that the user is an active participant in | 47 |
| the program. | 48 |
| (D) If a board of health establishes a syringe exchange | 49 |
| program, the board shall establish policies and procedures for the | 50 |
| program. The policies and procedures shall be developed in | 51 |
| consultation with the interested parties identified in division | 52 |
| (E)(1) of this section and, at a minimum, shall address all of the | 53 |
| following: | 54 |
| (1) Subject to the standards established in rules adopted | 55 |
| under division (I) of this section, the content of the wallet | 56 |
| certificate to be provided to each active participant in the | 57 |
| program, including the certificate's expiration date as determined | 58 |
| by the board, and the distribution of certificates to | 59 |
| participants; | 60 |
| (2) Notification of each relevant law enforcement agency | 61 |
| regarding the program, including the location of each facility to | 62 |
| be used by the program and the immunity from criminal liability | 63 |
| granted by division (G) of this section; | 64 |
| (3) Provision of care to program participants in need of | 65 |
| immediate medical attention at the time they receive syringes or | 66 |
| hypodermic needles through the program; | 67 |
| (4) Compliance with applicable state and federal rules and | 68 |
| regulations governing participant confidentiality. | 69 |
| (E)(1) Before establishing a syringe exchange program, the | 70 |
| board of health shall consult with all of the following interested | 71 |
| parties from the health district represented by the board: | 72 |
| (a) Law enforcement representatives; | 73 |
| (b) Prosecutors, as defined in section 2935.01 of the Revised | 74 |
| Code; | 75 |
| (c) Representatives of alcohol and drug addiction programs | 76 |
| certified under section 3793.06 of the Revised Code; | 77 |
| (d) Persons recovering from substance abuse; | 78 |
| (e) Relevant private, nonprofit organizations, including | 79 |
| hepatitis C and HIV advocacy organizations; | 80 |
| (f) Residents of the health district; | 81 |
| (g) The board of alcohol, drug addiction, and mental health | 82 |
| services that serves the area in which the health district is | 83 |
| located; | 84 |
| (h) Any other interested parties selected by the board of | 85 |
| health. | 86 |
| (2) When consulting with the interested parties, the board of | 87 |
| health and the interested parties shall consider, at a minimum, | 88 |
| all of the following: | 89 |
| (a) The scope of transmission of bloodborne pathogens through | 90 |
| syringe or hypodermic needle use in the health district; | 91 |
| (b) The population to be served by the syringe exchange | 92 |
| program; | 93 |
| (c) Concerns of the law enforcement representatives; | 94 |
| (d) Day-to-day administration of the program, including the | 95 |
| hiring of employees or use of volunteers. | 96 |
| (F) A board of health may contract with a private, nonprofit | 97 |
| organization to operate a syringe exchange program on behalf of | 98 |
| the board. A contract may not be in effect longer than one year. | 99 |
| Before a contract expires, the board shall review the | 100 |
| contract to determine whether it should be renewed. During the | 101 |
| review, the board shall consult with interested parties selected | 102 |
| by the board and consider the issues listed under division (E)(2) | 103 |
| of this section. After the review, if the board determines that | 104 |
| the organization has satisfactorily carried out the purpose of the | 105 |
| program and will continue to do so, the board may renew the | 106 |
| contract. | 107 |
| (G)(1) An employee or volunteer of a syringe exchange program | 108 |
| when carrying out the duties of the program is not subject to | 109 |
| criminal liability under any of the following: | 110 |
| (a) Section 2923.24 of the Revised Code; | 111 |
| (b) Section 2925.12 of the Revised Code; | 112 |
| (c) Division (C)(1) of section 2925.14 of the Revised Code | 113 |
| regarding the prohibition against illegal possession of drug | 114 |
| paraphernalia; | 115 |
| (d) Division (C) or (D) of section 3719.172 of the Revised | 116 |
| Code regarding the prohibition against furnishing a hypodermic to | 117 |
| another person. | 118 |
| (2) An injection drug user who is within one thousand feet of | 119 |
| a program facility and is in possession of a wallet certificate | 120 |
| stating that the user is an active participant in the program is | 121 |
| not subject to criminal liability under any of the following with | 122 |
| regard to the user's possession of a syringe or hypodermic needle: | 123 |
| (a) Section 2923.24 of the Revised Code; | 124 |
| (b) Section 2925.12 of the Revised Code; | 125 |
| (c) Division (C)(1) of section 2925.14 of the Revised Code | 126 |
| regarding the prohibition against illegal possession of drug | 127 |
| paraphernalia. | 128 |
| (H) A board of health that establishes a syringe exchange | 129 |
| program shall include details about the program in its annual | 130 |
| report prepared under section 3707.47 of the Revised Code. | 131 |
| (I) The department of alcohol and drug addiction services | 132 |
| shall adopt rules establishing statewide standards for the wallet | 133 |
| certificates to be issued to participants of syringe exchange | 134 |
| programs. The rules shall be adopted in accordance with Chapter | 135 |
| 119. of the Revised Code. | 136 |
