SUBSTANCE USE DISORDER SAFETY ACT.

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View NCGA Bill Details2021
Senate Bill 607 (Public) Filed Tuesday, April 6, 2021
AN ACT MAKING IMPROVEMENTS AND PROVIDING GREATER ACCOUNTABILITY WITH RESPECT TO NEEDLE AND HYPODERMIC SYRINGE EXCHANGE PROGRAMS.
Intro. by Edwards, Krawiec.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 7 2021)

Bill History:

S 607

Bill Summaries:

  • Summary date: Apr 7 2021 - View Summary

    Amends GS 90-113.27 to add the requirement that needle and hypodermic syringe exchange programs be located in a facility that offers professional counseling or rehabilitation services for people with drug use disorders. Amends the objectives of such a program to now include requiring, instead of encouraging, people who use drugs illicitly to enroll in evidence-based treatment. Adds the requirement that the host of a needle and hypodermic syringe exchange program engrave or mark all program supplies with a symbol or logo identifying the program. Adds that the limited immunity provided under the act does not apply when an individual possesses any program supplies in a school zone. Amends the information that must be included in the report each program provides to the Division of Public Health to also require: (1) the legal name of the organization or agency operating the program, and its owners or operators, as well as each licensed practitioner who provides on-site professional counseling or substance use disorder rehabilitation services; (2) the number of individuals enrolled in professional counseling or substance use disorder rehabilitation services offered by the program and their attendance record; (3) a log demonstrating that written verification was requested during operating hours to confirm the participant's identity; and (4) proof of required insurance. Requires the program operator, before starting a new program and in order to continue an existing program, to: (1) locate or relocate the program to a place that is outside a 3-mile radius of a school zone; (2) operate the program at a fixed location; (3) if a residential neighborhood is located within 800 yards of the program site, require a new program to obtain the affirmative vote of a majority of the residents in attendance at a meeting in which at least 50% of the neighbors participate, or and for new or existing programs, comply with all ordinances and homeowners' association rules; (4) demonstrate that all owners, board members, officers, and registered agents of the program have passed a background check; and (5) for programs located in noncommercial areas, ask program participants for an identification card and require participating sex offenders to be logged on to a publicly accessible website. Requires a program operator to maintain general liability and professional liability insurance in the amount of $1 million each; lapse in coverage is immediate cause for program termination.

    Requires no later than 180 days after October 1, 2021, that each needle exchange program in operation take the actions needed to be in full compliance with GS 90-113.27, as amended.

    Effective October 1, 2021, and applies to needle and hypodermic syringe exchange programs operating in the state on or after that date.