Chief Sponsor: Steve Eliason

Senate Sponsor: Brian E. Shiozawa


9     General Description:
10          This bill amends the Utah Health Code.
11     Highlighted Provisions:
12          This bill:
13          ▸     authorizes the operation of syringe exchange programs in the state;
14          ▸     specifies the requirements a syringe exchange program must meet;
15          ▸     requires the department to report to the Legislature every two years on the activities
16     and outcomes of syringe programs operating in the state; and
17          ▸     requires rulemaking by the department.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     ENACTS:
24          26-7-8, Utah Code Annotated 1953

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 26-7-8 is enacted to read:

28          26-7-8. Syringe exchange and education.
29          (1) The following may operate a syringe exchange program in the state to prevent the
30     transmission of disease and reduce morbidity and mortality among individuals who inject
31     drugs, and those individuals' contacts:
32          (a) a government entity, including:
33          (i) the department;
34          (ii) a local health department, as defined in Section 26A-1-102;
35          (iii) the Division of Substance Abuse and Mental Health within the Department of
36     Human Services; or
37          (iv) a local substance abuse authority, as defined in Section 62A-15-102;
38          (b) a nongovernment entity, including:
39          (i) a nonprofit organization; or
40          (ii) a for-profit organization; or
41          (c) any other entity that complies with Subsections (2) and (3).
42          (2) An entity operating a syringe exchange program in the state shall:
43          (a) facilitate the exchange of an individual's used syringe for one or more new syringes
44     in sealed sterile packages;
45          (b) ensure that a recipient of a new syringe is given verbal and written instruction on:
46          (i) methods for preventing the transmission of blood-borne diseases, including hepatitis
47     C and human immunodeficiency virus; and
48          (ii) options for obtaining:
49          (A) services for the treatment of a substance use disorder;
50          (B) testing for a blood-borne disease; and
51          (C) an opiate antagonist under Chapter 55, Emergency Administration of Opiate
52     Antagonist Act; and
53          (c) report annually to the department the following information about the program's
54     activities:
55          (i) the number of individuals who have exchanged syringes;
56          (ii) the number of used syringes exchanged for new syringes; and
57          (iii) the number of new syringes provided in exchange for used syringes.
58          (3) No later than October 1, 2017, and every two years thereafter, the department shall

59     report to the Legislature's Health and Human Services Interim Committee on:
60          (a) the activities and outcomes of syringe programs operating in the state, including:
61          (i) the number of individuals who have exchanged syringes;
62          (ii) the number of used syringes exchanged for new syringes;
63          (iii) the number of new syringes provided in exchange for used syringes;
64          (iv) the impact of the programs on blood-borne infection rates; and
65          (v) the impact of the programs on the number of individuals receiving treatment for a
66     substance use disorder;
67          (b) the potential for additional reductions in the number of syringes contaminated with
68     blood-borne disease if the programs receive additional funding;
69          (c) the potential for additional reductions in state and local government spending if the
70     programs receive additional funding;
71          (d) whether the programs promote illicit use of drugs; and
72          (e) whether the programs should be continued, continued with modifications, or
73     terminated.
74          (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
75     Administrative Rulemaking Act, specifying how and when an entity operating a syringe
76     exchange program shall make the report required by Subsection (2)(c).

Legislative Review Note
Office of Legislative Research and General Counsel