Syringe exchange and education

(1) As used in this section, "government entity" means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, an institution of higher education as defined in Section 53H-1-101, or a local education agency as defined in Section 53G-7-401. (2) The following may operate a syringe exchange program in the state to prevent the transmission of disease, reduce morbidity and mortality, and facilitate access to treatment and recovery services among individuals who inject drugs, and those individuals' contacts: (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 (3) and (5). (3) An entity operating a syringe exchange program in the state: (a) shall: (i) facilitate the exchange of an individual's used syringe for one or more new syringes in sealed sterile packages; (ii) ensure that a recipient of a new syringe is given verbal and written instruction on: (A) methods for preventing the transmission of blood-borne diseases, including hepatitis C and human immunodeficiency virus; and (B) options for obtaining: (I) services for the treatment of a substance use disorder; (II) testing for a blood-borne disease; and (III) an opiate antagonist, as that term is defined in Section 26B-4-501; and (iii) report annually to the department the following information about the program's activities: (A) the number of individuals who have exchanged syringes; (B) the number of used syringes exchanged for new syringes; (C) the number of new syringes provided in exchange for used syringes; (D) information the program provided to individuals about recovery and treatment resources; and (E) of the individuals who have exchanged syringes, the number of individuals who received services for the treatment of a substance use disorder within 12 months of exchanging syringes; and (b) may not distribute drug paraphernalia other than syringes, including: (i) pipes; (ii) straws; or (iii) other items used to ingest controlled substances. (4) A person that is licensed by the department to provide residential treatment for a substance use disorder shall include as part of the person's admissions materials a question asking whether the individual seeking treatment has ever received services from a syringe exchange program. (5) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary or advisable to implement the provisions of this section, including rules: (a) specifying requirements for: (i) syringe distribution; (ii) data collection; and (iii) the evaluation of an entity operating a syringe exchange program to ensure compliance with applicable statutes and rules; and (b) specifying how and when an entity operating a syringe exchange program shall make the report required by Subsection (3)(a)(iii). (6) An entity operating a syringe exchange program may not facilitate the exchange of syringes at, on, or within 100 feet of, a homeless shelter, as that term is defined in Section 35A-16-501, at permanent supportive housing, or in public parks. (7) Notwithstanding any other provision of this section, an entity that operates a syringe exchange program may not facilitate the exchange of syringes on public property without written authorization from the government entity that owns, operates, or has jurisdiction over the property. (8) (a) The use of state funds to operate a syringe exchange program is prohibited. (b) Nothing in this section should be construed to prohibit the use or distribution of municipal, county, or federal funds in operating or financing a syringe exchange program under this section.