Amends Article 5C of GS Chapter 90, concerning drug paraphernalia, by enacting a new GS 90-113.27.
Authorizes any governmental or nongovernmental organization, including a local or district health department or an organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high risk behaviors, to establish and operate a needle and hypodermic syringe exchange program (exchange program), with the objectives to reduce the spread of HIV, AIDS, viral hepatitis, and other bloodborne diseases in the state; reduce needlestick injuries to law enforcement officers and other emergency personnel; and encourage individuals who inject drugs to enroll in evidence-based treatment.
Requires exchange programs to offer (1) disposal of used needles and hypodermic syringes; (2) needles, hypodermic syringes, and other injection supplies at no cost and in quantities sufficient to ensure that needles, hypodermic syringes, and other injection supplies are not shared or reused; (3) reasonable and adequate security of program sites, equipment, and personnel; (4) educational materials; and (5) access to naloxone kits that contain naloxone hydrochloride that is approved by the federal Food and Drug Administration for the treatment of a drug overdose, or referrals to programs that provide access to naloxone hydrochloride that is approved by the federal Food and Drug Administration for the treatment of a drug overdose.
Requires the governmental or nongovernmental organization establishing the exchange program to report to the Department of Health and Human Services (DHHS) the legal name of the organization or agency, the areas and populations to be served, and the methods by which the program will meet the requirements of subsection (b) prior to commencing operations of an exchange program.
Provides immunity to every employee, volunteer, or participant of programs established under the statute so that they cannot be charged with or prosecuted for possession of needles, hypodermic syringes, or other injection supplies obtained from or returned to an exchange program, or residual amounts of a controlled substance contained in a used needle, used hypodermic syringe, or used injection supplies obtained from or returned to an exchange program, notwithstanding any provision of the Controlled Substances Act in Article 5 of GS Chapter 90.
Directs each organization operating an exchange program to report on specified information to DHHS's Division of Public Health (DPH) no later than one year after commencing operations of the program and every 12 months thereafter.
Appropriates $100,000 to DPH for the 2016-17 fiscal year from the General Fund to perform review of the exchange programs and report information required to be submitted to DHHS under GS 90-113.27.
Effective July 1, 2016.
Bill S 794 (2015-2016)Summary date: Apr 28 2016 - View summary