No. 40765 (New Rule): Rule R386-900. Special Measures for the Operation of Syringe Exchange Programs

(New Rule)

DAR File No.: 40765
Filed: 09/13/2016 02:41:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

As mandated by H.B. 308 from the 2016 General Session, the purpose of this rule is to specify how and when an entity operating a syringe exchange program shall make the report required by Subsection 26-7-8(2)(c).

Summary of the rule or change:

This new rule outlines operating and reporting requirements for entities operating syringe exchange programs.

Statutory or constitutional authorization for this rule:

• Section 26-7-8

Anticipated cost or savings to:

the state budget:

The Department is utilizing .40 FTE in federal funds to monitor, analyze, and report on syringe exchange programs throughout the state, which comes to $35,380 (personnel and fringe).

local governments:

Anticipated costs cannot be estimated as each eligible agency will decide if it will participate in syringe exchange and to what extent it will conduct syringe exchange activities. Costs may also vary based on the agencies' existing activities and the compatibility of a syringe exchange program with existing services the agency may already be providing.

small businesses:

Anticipated costs cannot be estimated as each eligible agency will decide if it will participate in syringe exchange and to what extent it will conduct syringe exchange activities. Costs may also vary based on the agencies' existing activities and the compatibility of a syringe exchange program with existing services the agency may already be providing.

persons other than small businesses, businesses, or local governmental entities:

Anticipated costs cannot be estimated as each eligible agency will decide if it will participate in syringe exchange and to what extent it will conduct syringe exchange activities. Costs may also vary based on the agencies' existing activities and the compatibility of a syringe exchange program with existing services the agency may already be providing.

Compliance costs for affected persons:

Compliance costs cannot be estimated as each eligible agency will decide if it will participate in syringe exchange and to what extent it will conduct syringe exchange activities; compliance costs include completing mandatory reporting forms and faxing/emailing forms to the Department. Time and personnel costs will vary depending on extent of involvement in syringe exchange.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule is proposed in compliance with H.B. 308 (2016) to specify how and when an entity operating a syringe exchange program shall make the statutory required report. There may be fiscal impact on any business choosing to operate an exchange program in the form of administrative costs for personnel, educational materials, syringes and sharps disposals.

Joseph Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Health
Disease Control and Prevention, Epidemiology
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Erin Fratto at the above address, by phone at 801-538-6701, by FAX at , or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2016

This rule may become effective on:

11/07/2016

Authorized by:

Joseph Miner, Executive Director

RULE TEXT

R386. Health, Disease Control and Prevention, Epidemiology.

R386-900. Special Measures for the Operation of Syringe Exchange Programs.

R386-900-1. Authority.

This rule is authorized under Utah Code 26-7-8.

 

R386-900-2. Purpose.

This rule establishes operating and reporting requirements required of an entity operating a syringe exchange pursuant to 26-7-8.

 

R386-900-3. Definitions.

The following definitions apply to this rule:

(1) "Department" means the Utah Department of Health Bureau of Epidemiology Prevention, Treatment and Care Program.

(2) "Syringe exchange" is defined in 26-7-8.

(3) "Operating entity" is defined in 26-7-8.

(4) "HIV" human immunodeficiency virus.

(5) "HCV" hepatitis C virus.

(6) "HBV" hepatitis B virus.

(7) "Opiate antagonist" is defined by Chapter 55, Opiate Overdose Response Act.

 

R386-900-4. Operating Requirements.

(1) An operating entity shall utilize the department's enrollment form to provide written notice of intent to conduct syringe exchange activities to the department 15 days prior to conducting syringe exchange activities. If an operating entity discontinues syringe exchange activities, written notice shall also be submitted utilizing the department's report form within 15 days of termination of activities to the department.

(2) An operating entity must submit a safety protocol to the department for the prevention of needlestick and sharps injury before initiating syringe exchange activities.

(3) An operating entity shall submit a sharps disposal plan to the department. Sharps disposal is the financial responsibility of the entity operating and responsible for the syringe exchange program.

(4) An operating entity shall facilitate the exchange of an individuals used syringes by providing a disposable, medical grade sharps container for the disposal of used syringes.

(5) The operating entity shall exchange one or more new syringes in sealed sterile packages to the individual free of charge.

(6) As available, the department will provide syringes, education materials, and other resources to entities operating a syringe exchange program.

(7) An operating entity must provide and make available to all recipients of new syringe(s) verbal and written instruction on:

(a) Methods for preventing the transmission of blood borne pathogens, including HIV, HBV and HCV;

(b) Information and referral to drug and alcohol treatment;

(c) Information and referral for HIV and HCV testing; and

(d) How and where to obtain an opiate antagonist.

 

R386-900-5. Reporting Requirements.

(1) All entities operating a syringe exchange program shall report aggregate data elements in accordance to 26-7-8 to the department on a quarterly basis, utilizing the format provided by the department which is to include:

(a) Number of individuals who have exchanged syringes,

(b) A self-reported or approximated number of used syringes exchanged for new syringes,

(c) Number of new syringes provided in exchange for used syringes,

(d) Educational materials distributed; and

(e) Number of referrals provided.

 

R386-900-6. Penalty.

(1) Any person who violates any provision of R386-900 may be assessed a penalty as provided in section 26-23-6.

 

R386-900-7. Official References.

(1) Centers for Disease Control and Prevention (CDC), 2016, Program Guidance for Implementing Certain Components of Syringe Services Programs.

(2) Federal Register, Health and Human Services Department, 2011, Determination That a Demonstration Needle Exchange Program Would be Effective in Reducing Drug Abuse and the Risk of Acquired Immune Deficiency Syndrome Infection Among Intravenous Drug Users.

(3) Harm Reduction Coalition, 2006, Syringe Exchange Programs and Hepatitis C.

(4) Harm Reduction Coalition, 2006, Syringe Exchange Programs: Reducing the Risks of Needlestick Injuries.

(5) Substance Abuse and Mental Health Services Administration (SAMHSA), Summary of Syringe Exchange Program Studies.

(6) United States Department of Health and Human Services (HHS), 2016, Implementation Guidance to Support Certain Components of Syringe Services Programs.

(7) World Health Organization (WHO), 2004, Effectiveness of sterile needle and syringe programming in reducing HIV/AIDS among injecting drug users.

 

KEY: syringe exchange programs, needles, syringes

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, Implemented, or Interpreted Law: 26-7-8

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