GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1398

Short Title:  Needle Exchange Program.	(Public)

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Sponsors: Representative Wright.

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Referred to:  Public Health, if favorable, Appropriations.

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April 29, 1999

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE COMMUNITY-BASED NEEDLE AND SYRINGE EXCHANGE PROGRAMS.
The General Assembly of North Carolina enacts:
Section 1.  Part 1 of Article 6 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A-149.  Community-based needle and syringe exchange programs.
(a)	Notwithstanding Article 5B of Chapter 90 of the General Statutes, a program for a county designated under subsection (b) of this section to participate in a community-based needle and syringe exchange program may be approved by a local board of health if it satisfies all of the following conditions:
(1)	A plan is submitted to the local board of health for review and approval that includes each of the following components:
a.	A description of program activities that includes, at a minimum, all of the following:
1.	The safe handling, exchange, and disposal of needles and syringes.
2.	The provision of HIV/STD risk reduction information to participants, as well as information about tuberculosis and blood borne diseases such as hepatitis.
3.	Referral of participants to drug and alcohol treatment services.
4.	Referral of participants to local health departments, local community-based prevention and care agencies, and other health care providers for HIV/STD counseling, diagnostic, and treatment services.
5.	Referral of participants to other health and human services agencies as appropriate.
6.	The process by which data on program activities, services, and participants will be collected and maintained.
7.	The mechanism by which individuals may be identified as program participants.
b.	A description of a mechanism by which the program may be evaluated that addresses, at a minimum, all of the following:
1.	Number of needles exchanged.
2.	Number of risk reduction kits distributed.
3.	Changes in needle-sharing and other HIV/STD related risk behavior.
4.	Number of referrals to drug and alcohol programs.
5.	Number of referrals to local health departments, local community-based prevention and care agencies, and other health care providers for HIV/STD counseling, diagnostic, and treatment services.
6.	Number of referrals to other health and human services agencies.
(2)	A local board of health may adopt rules establishing additional criteria that shall be included in a needle and syringe exchange plan in that county.
(b)	The State Health Director may designate a county for participation in a community-based needle and syringe exchange program if the local board of health submits to the State Health Director letters of support for a needle and syringe exchange program from all of the following:
(1)	The county board of commissioners.
(2)	The local board of health.
(3)	The local health director.
(4)	The local director of mental health or substance abuse services.
(c)	G.S. 90-113.22 and G.S. 90-113.23 do not apply to persons who are employees, volunteers, or participants in a community-based needle and syringe exchange program approved by the local board of health as authorized under this section.  This immunity from prosecution under G.S. 90-113.22 and G.S. 90-113.23 applies only to acts committed while carrying out duties as an employee or volunteer of a needle and syringe exchange program  or during the course of an injecting drug user's participation in the needle and syringe exchange program."
Section 2.  There is appropriated from the General Fund to the Department of Health and Human Services the sum of fifty thousand dollars ($50,000) for the 1999-2000 fiscal year and the sum of fifty thousand dollars ($50,000) for the 2000-2001 fiscal year to implement and evaluate the needle and syringe exchange programs authorized by Section 1 of this act.
Section 3.  This act becomes effective July 1, 1999.