HB 52 — HARM REDUCTION ACT AMENDMENTS

HOUSEAN BILLACT 52RELATING 55THTO LEGISLATUREHEALTH; -STATEOFNEWMEXICO- SECOND SESSION , 2022 INTRODUCED BY Tara L.

Lujan and Dayan Hochman-Vigil and Katy M.

Duhigg and Christine Chandler and Linda M.

Lopez 7 9 AN ACT RELATING TO HEALTH;

ADJUSTING e t 17 ADVISORY COMMITTEE MEMBERSHIP;

REPEALING SECTIONS 24-2C-2 AND w l n d 18 24-2C-6 NMSA 1978 (BEING LAWS 1997, CHAPTER 256, SECTIONS 2 AND = = 19 a l 6).

i a e r 20 a t m m 21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

d r e 22 SECTION 1.

Section 24-2C-3 NMSA 1978 (being Laws 1997, c e s k 23 Chapter 256, Section 3) is amended to read:

e a n b 24 "24-2C-3.

DEFINITIONS.--As used in the Harm Reduction u [ Act:

.221550.3SA A.

"participant" [or "client"] means [ana intravenousperson drug user who exchangesreceives asupplies used hypodermic syringe, needle or otherdevices object used to inject controlled substances or controlledservices substanceprovided analogsby into the humanharm bodyreduction forprogram." aSECTION sterile2. hypodermic syringe and needle in compliance with the procedures of the program;

and C.

"program" means a harm reduction program for the purpose of sterile hypodermic syringe and needle exchange] a person who receives supplies or devices or services provided by the harm reduction program." SECTION 2.

HARM REDUCTION PROGRAM CREATED--DEPARTMENT RESPONSIBILITIES.-- HB 52 Page 1 A.

e t 17 (1) establish and administer a [harm w l n d 18 reduction] program [for the purpose of sterile hypodermic = = 19 a l syringe and needle exchange] that shall be known as the "harm i a e r 20 reduction program" to reduce overdose mortality and other a t m m 21 negative health outcomes associated with drug use;

d r e 22 (2) pursuant to rules established by the c e s k 23 department, qualify persons as harm reduction program e a n b 24 participants, issue a document that identifies the bearer of u [ the document as a participant and provide the bearer of the .221550.3SA - 2 - document with access to supplies, devices or services provided by the program;

[(2)] (3) compile data to assist in planning and evaluating efforts to combat [the spread of blood borne diseases] overdose mortality and other negative health outcomes associated with drug use;

and [(3)] (4) make an annual report, including legislative recommendations, to the legislative health and human services committee by October 1 each year.

[Within thirty days of the effective date of the Harm Reduction Act] The department shall appoint an advisory committee to include representation from:

(3) the [human immunodeficiency virus sexually e t 17 transmitted disease] infectious disease prevention and control w l n d 18 bureau of the department;

= = 19 a l (4) the director of the epidemiology and iHB a52 ePage r2 20 response division of the department or [his] the director's a t m m 21 designee;

d r e 22 (5) a medical officer of the public health c e s k 23 division of the department;

and e a n b 24 (6) other persons or representatives as chosen u [ by the secretary of health to ensure a thorough and unbiased .221550.3SA - 3 - evaluation of the program established under the Harm Reduction Act.

and (3) meet as necessary to monitor and analyze data [and monitor] and produce a report on the harm reduction [program] program's impact on overdose mortality and other negative health outcomes associated with drug use.

The department shall promulgate rules as necessary for the administration of the Harm Reduction Act, including developing criteria for the types of supplies or e t 17 devices provided pursuant to the harm reduction program and w l n d 18 standards for distribution of those supplies or devices through = = 19 a l that program.

The criteria and standards shall be developedHB to52 iPage a3 edeveloped rto 20 provide supplies and devices in order to reduce:

a t m m 21 (1) cases of negative health outcomes d r e 22 associated with drug use, such as overdoses or the spread of c e s k 23 infectious disease;

and e a n b 24 (2) harm by promoting reduced use of non- u [ sterile items and improving participant engagement in harm .221550.3SA - 4 - reduction services and prevention education." SECTION 3.

supplies or devices approved by the department for distribution in accordance with rules established pursuant e t 17 to Subsection E of Section 24-2C-4 NMSA 1978;

w l n d 18 [B.] E.

education [to participants] on the = = 19 a l prevention of:

i a e r 20 (1) the transmission of the human aHB t52 mPage m4 21 immunodeficiency virus and hepatitis B and CC; [and prevention d r e 22 measures];

and c e s k 23 (2) drug overdose mortality and other negative e a n b 24 health outcomes;

and u [ [C.] F.

referral to substance abuse treatment .221550.3SAservices." - 5 - services [for participants]." SECTION 4.

(1) hypodermic syringes or needles [at the time the person is directly and immediately engaged in a harm reduction program, as provided in the] for the purpose of e t 17 participation in or administration of the Harm Reduction Act;

w l n d 18 (2) supplies or devices obtained pursuant to = = 19 a l the Harm Reduction Act in accordance with rules established by i a e r 20 the department of health for the harm reduction program;

or aHB t52 mPage m5 21 (3) supplies or devices used for the testing d r e 22 of controlled substances or controlled substance analogs for c e s k 23 dangerous adulterants.