26B-7-117.  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:

Terms Used In Utah Code 26B-7-117

  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  a government entity, including:

(i)  the department;

(ii)  a local health department; or

(iii)  a local substance abuse authority, as defined in Section 26B-5-101;

(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; 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).

Renumbered and Amended by Chapter 308, 2023 General Session