PocketLaw | Utah Code | Syringe exchange and education.

Syringe exchange and education.

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Affected by 63I-2-226 on 1/1/2027

Effective 5/8/2018
26-7-8. Syringe exchange and education.

(1) The following may operate a syringe exchange program in the state to prevent the transmission of disease and reduce morbidity and mortality among individuals who inject drugs, and those individuals' contacts:
- (a) a government entity, including:
  - (i) the department;
  - (ii) a local health department, as defined in Section 26A-1-102;
  - (iii) the Division of Substance Abuse and Mental Health within the Department of Human Services; or
  - (iv) a local substance abuse authority, as defined in Section 62A-15-102;
- (b) a nongovernment entity, including:
  - (i) a nonprofit organization; or
  - (ii) a for-profit organization; or
- (c) any other entity that complies with Subsections (2) and (4).

(2) An entity operating a syringe exchange program in the state shall:
- (a) facilitate the exchange of an individual's used syringe for one or more new syringes in sealed sterile packages;
- (b) ensure that a recipient of a new syringe is given verbal and written instruction on:
  - (i) methods for preventing the transmission of blood-borne diseases, including hepatitis C and human immunodeficiency virus; and
  - (ii) options for obtaining:
    - (A) services for the treatment of a substance use disorder;
    - (B) testing for a blood-borne disease; and
    - (C) an opiate antagonist under Chapter 55, Opiate Overdose Response Act; and
- (c) report annually to the department the following information about the program's activities:
  - (i) the number of individuals who have exchanged syringes;
  - (ii) the number of used syringes exchanged for new syringes; and
  - (iii) the number of new syringes provided in exchange for used syringes.

(3) No later than October 1, 2017, and every two years thereafter, the department shall report to the Legislature's Health and Human Services Interim Committee on:
- (a) the activities and outcomes of syringe programs operating in the state, including:
  - (i) the number of individuals who have exchanged syringes;
  - (ii) the number of used syringes exchanged for new syringes;
  - (iii) the number of new syringes provided in exchange for used syringes;
  - (iv) the impact of the programs on blood-borne infection rates; and
  - (v) the impact of the programs on the number of individuals receiving treatment for a substance use disorder;
- (b) the potential for additional reductions in the number of syringes contaminated with blood-borne disease if the programs receive additional funding;
- (c) the potential for additional reductions in state and local government spending if the programs receive additional funding;
- (d) whether the programs promote illicit use of drugs; and
- (e) whether the programs should be continued, continued with modifications, or terminated.

(4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying how and when an entity operating a syringe exchange program shall make the report required by Subsection (2)(c).

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