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H. B. No. 602 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Hagan, Chandler, Harris, Yuko, Domenick, Stewart, Belcher
A BILL
To enact section 3707.37 of the Revised Code to
authorize the establishment of syringe exchange
programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3707.37 of the Revised Code be
enacted to read as follows:
Sec. 3707.37. (A) As used in this section:
(1) "Board of health" means the board of health of a city or
general health district or the authority having the duties of a
board of health under section 3709.05 of the Revised Code.
(2) "Injection drug user" means a person who uses a syringe
or hypodermic needle to inject a controlled substance into the
person's own body.
(B)(1) A board of health may establish a syringe exchange
program in order to reduce the transmission of bloodborne diseases
within the health district represented by the board.
(2) Before establishing a syringe exchange program, the board
of health shall consult with local law enforcement
representatives; prosecutors, as defined in section 2935.01 of the
Revised Code; representatives of local substance abuse treatment
providers; persons recovering from substance abuse; relevant
private, nonprofit organizations, including hepatitis C and HIV
advocacy organizations; members of the local community; and any
other interested parties selected by the board. When consulting
with the interested parties, the board and the interested parties
shall consider, at a minimum, all of the following:
(a) The scope of transmission of bloodborne diseases through
syringe or hypodermic needle use in the health district;
(b) The population the syringe exchange program would serve;
(c) Concerns of the law enforcement representatives;
(d) Day-to-day administration of the program, including the
hiring of employees or use of volunteers.
(C)(1) If a board of health establishes a syringe exchange
program, the board shall ensure that the program, at a minimum,
does all of the following:
(a) Provides each injection drug user participating in the
program with the information and means to protect the user, any
person sharing the user's syringes or needles, and the user's
family from exposure to bloodborne disease;
(b) Provides a sterile syringe or hypodermic needle to each
user in exchange for each respective used syringe or needle
collected from the user;
(c) Disposes of used syringes and hypodermic needles in
accordance with Chapter 3734. of the Revised Code;
(d) Provides safety protocols and education regarding
handling and disposal of syringes and hypodermic needles to each
user;
(e) Makes testing for bloodborne diseases available to each
user;
(f) Provides counseling to each user regarding exposure to
bloodborne diseases;
(g) Refers each user for drug abuse treatment, including
opioid substitution therapy;
(h) Encourages each user to seek appropriate medical, mental
health, or social services;
(i) Uses a recordkeeping system that ensures that the
identity of each user remains anonymous;
(j) Provides each user with a wallet certificate that states
that the user is an active participant in the program.
(2) The board of health may establish policies and procedures
necessary for carrying out the purposes of a syringe exchange
program established under this section.
(D) A board of health may contract with a private, nonprofit
organization to operate a syringe exchange program on behalf of
the board. If the board contracts with an organization, the board
shall annually review the contract to determine whether it should
be renewed. During the review, the board shall consult with
interested parties selected by the board and consider the issues
listed under division (B)(2) of this section. After the review, if
the board determines that the organization has satisfactorily
carried out the purpose of the syringe exchange program and will
continue to do so, the board may renew the contract.
(E) Neither of the following shall be subject to criminal
liability under sections 2923.24, 2925.12, 2925.14, and 3719.172
of the Revised Code:
(1) An employee or volunteer of a syringe exchange program
when carrying out the duties of the program;
(2) An injection drug user who is within one thousand feet of
a program facility and is in possession of a wallet certificate
stating that the user is an active participant in the program.
(F)(1) A board of health that establishes a syringe exchange
program shall submit an annual report to the department of health
on the effectiveness of the program. The first report to the
department shall be submitted on or before the first day of July
following the first full calendar year the program is in
operation. All subsequent reports to the department shall be
submitted on or before the first day of July.
(2) The department of health shall submit an annual report to
the standing committees of the general assembly with primary
responsibility for health legislation that summarizes the reports
made to the department under division (F)(1) of this section. The
first report to the standing committees shall be submitted on or
before the first day of September following receipt of any first
reports made under division (F)(1) of this section. All subsequent
reports to the standing committees shall be submitted on or before
the first day of September.
(3) A report submitted under division (F)(1) or (2) of this
section shall not contain any information that identifies or would
tend to identify an injection drug user participating in a syringe
exchange program.
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