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To enact section 3707.37 of the Revised Code to | 1 |
authorize the establishment of syringe exchange | 2 |
programs. | 3 |
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 |