Arizona 2024 Regular Session

Arizona Senate Bill SB1424 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: overdose and disease prevention programs State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SB 1424 Introduced by Senators Hernandez: Alston, Epstein, Gabaldn, Hatathlie, Mendez, Miranda, Sundareshan; Representatives Hernandez M, Ortiz, Sandoval, Villegas An Act amending sections 36-798.51 and 36-798.52, Arizona Revised Statutes; relating to overdose and disease prevention. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: overdose and disease prevention programs
10	10	State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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12	12	Introduced by Senators Hernandez: Alston, Epstein, Gabaldn, Hatathlie, Mendez, Miranda, Sundareshan; Representatives Hernandez M, Ortiz, Sandoval, Villegas
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14	14	REFERENCE TITLE: overdose and disease prevention programs
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40	40	SB 1424
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44	44	Introduced by
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46	46	Senators Hernandez: Alston, Epstein, Gabaldn, Hatathlie, Mendez, Miranda, Sundareshan; Representatives Hernandez M, Ortiz, Sandoval, Villegas
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64	64	An Act
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68	68	amending sections 36-798.51 and 36-798.52, Arizona Revised Statutes; relating to overdose and disease prevention.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-798.51, Arizona Revised Statutes, is amended to read: START_STATUTE36-798.51. Overdose and disease prevention programs; requirements; standards A. A city, town, county or nongovernmental organization, including a local health department or an organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors, or any combination of these entities, may establish and operate an overdose and disease prevention program. To address the increase in individuals, especially youth, developing and dying from substance use disorders due to increasingly potent substances that are injected or that are inhaled through the mouth or nose, a program established pursuant to this section shall have all of the following objectives: 1. To reduce the spread of viral hepatitis, HIV and other bloodborne diseases in this state. 2. To reduce needle-stick injuries to law enforcement officers and other emergency personnel. 3. To encourage individuals who inject use drugs to enroll in evidence-based treatment. 4. To increase proper disposal of used syringes and other injection or inhalation supply items. 5. To reduce the occurrence of skin and soft tissue wounds and infections related to injection drug use. B. A program established pursuant to this section shall offer all of the following: 1. Disposal of used needles and hypodermic syringes and other injection or inhalation supply items. 2. Needles, hypodermic syringes and other injection or inhalation supply items at no cost and in quantities sufficient to ensure that needles, hypodermic syringes and other injection or inhalation supply items are not shared or reused. 3. Educational materials on all of the following: (a) Overdose prevention. (b) Peer support services. (c) The prevention of HIV, viral hepatitis transmission and the incidence of skin and soft tissue wounds and infections. (d) Treatment for mental illness, including treatment referrals. (e) Treatment for substance use disorder, including referrals for substance use disorder treatment. 4. Access to kits that contain naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration to treat a drug overdose, or referrals to programs that provide access to naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration to treat a drug overdose. 5. For each individual who requests services, personal consultations from a program employee or volunteer concerning mental health or substance use disorder treatment or referrals for evidence-based substance use disorder treatment, as appropriate. C. A program established pursuant to this section shall develop standards for distributing and disposing of needles and hypodermic syringes based on scientific evidence and best practices. The number of needles and hypodermic syringes disposed of through a program shall be at least equivalent to the number of needles and hypodermic syringes distributed through the program. END_STATUTE Sec. 2. Section 36-798.52, Arizona Revised Statutes, is amended to read: START_STATUTE36-798.52. Immunity A. Notwithstanding title 13, chapter 34, an employee, volunteer or participant of a program established pursuant to section 36-798.51 may not be charged with or prosecuted for possession of any of the following: 1. A needle, hypodermic syringe or other injection or inhalation supply item obtained from or returned to a program established pursuant to section 36-798.51. 2. A residual amount of a controlled substance contained in a used needle, used hypodermic syringe or used injection or inhalation supply item obtained from or returned to a program established pursuant to section 36-798.51. B. Subsection A of this section applies only if the person claiming immunity provides verification that a needle, hypodermic syringe or other injection or inhalation supply item was obtained from an overdose and disease prevention program established pursuant to section 36-798.51.END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Section 36-798.51, Arizona Revised Statutes, is amended to read:
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84	84	START_STATUTE36-798.51. Overdose and disease prevention programs; requirements; standards
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86	86	A. A city, town, county or nongovernmental organization, including a local health department or an organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors, or any combination of these entities, may establish and operate an overdose and disease prevention program. To address the increase in individuals, especially youth, developing and dying from substance use disorders due to increasingly potent substances that are injected or that are inhaled through the mouth or nose, a program established pursuant to this section shall have all of the following objectives:
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88	88	1. To reduce the spread of viral hepatitis, HIV and other bloodborne diseases in this state.
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90	90	2. To reduce needle-stick injuries to law enforcement officers and other emergency personnel.
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92	92	3. To encourage individuals who inject use drugs to enroll in evidence-based treatment.
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94	94	4. To increase proper disposal of used syringes and other injection or inhalation supply items.
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96	96	5. To reduce the occurrence of skin and soft tissue wounds and infections related to injection drug use.
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98	98	B. A program established pursuant to this section shall offer all of the following:
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100	100	1. Disposal of used needles and hypodermic syringes and other injection or inhalation supply items.
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102	102	2. Needles, hypodermic syringes and other injection or inhalation supply items at no cost and in quantities sufficient to ensure that needles, hypodermic syringes and other injection or inhalation supply items are not shared or reused.
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104	104	3. Educational materials on all of the following:
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106	106	(a) Overdose prevention.
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108	108	(b) Peer support services.
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110	110	(c) The prevention of HIV, viral hepatitis transmission and the incidence of skin and soft tissue wounds and infections.
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112	112	(d) Treatment for mental illness, including treatment referrals.
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114	114	(e) Treatment for substance use disorder, including referrals for substance use disorder treatment.
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116	116	4. Access to kits that contain naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration to treat a drug overdose, or referrals to programs that provide access to naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration to treat a drug overdose.
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118	118	5. For each individual who requests services, personal consultations from a program employee or volunteer concerning mental health or substance use disorder treatment or referrals for evidence-based substance use disorder treatment, as appropriate.
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120	120	C. A program established pursuant to this section shall develop standards for distributing and disposing of needles and hypodermic syringes based on scientific evidence and best practices. The number of needles and hypodermic syringes disposed of through a program shall be at least equivalent to the number of needles and hypodermic syringes distributed through the program. END_STATUTE
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122	122	Sec. 2. Section 36-798.52, Arizona Revised Statutes, is amended to read:
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124	124	START_STATUTE36-798.52. Immunity
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126	126	A. Notwithstanding title 13, chapter 34, an employee, volunteer or participant of a program established pursuant to section 36-798.51 may not be charged with or prosecuted for possession of any of the following:
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128	128	1. A needle, hypodermic syringe or other injection or inhalation supply item obtained from or returned to a program established pursuant to section 36-798.51.
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130	130	2. A residual amount of a controlled substance contained in a used needle, used hypodermic syringe or used injection or inhalation supply item obtained from or returned to a program established pursuant to section 36-798.51.
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132	132	B. Subsection A of this section applies only if the person claiming immunity provides verification that a needle, hypodermic syringe or other injection or inhalation supply item was obtained from an overdose and disease prevention program established pursuant to section 36-798.51.END_STATUTE