0001| AN ACT | 0002| RELATING TO HEALTH; CREATING THE HARM REDUCTION ACT TO REDUCE THE | 0003| SPREAD OF BLOOD-BORNE DISEASES; AMENDING AND ENACTING CERTAIN SECTIONS | 0004| OF THE NMSA 1978. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. SHORT TITLE.--Sections 1 through 6 of this act may be | 0008| cited as the "Harm Reduction Act". | 0009| Section 2. PURPOSE.--The purpose of the Harm Reduction Act is | 0010| to: | 0011| A. prevent the transmission of the human immunodeficiency | 0012| virus, hepatitis B and C viruses and other | 0013| blood-borne diseases; and | 0014| B. encourage intravenous drug users to seek substance abuse | 0015| treatment and ensure that participants receive individual counseling | 0016| and education to decrease the risk of transmission of blood-borne | 0017| diseases. | 0018| Section 3. DEFINITIONS.--As used in the Harm Reduction Act: | 0019| A. "department" means the department of health; | 0020| B. "participant" or "client" means an intravenous drug user | 0021| who exchanges a used hypodermic syringe, needle or other object used | 0022| to inject controlled substances or controlled substance analogs into | 0023| the human body for a sterile hypodermic syringe and needle in | 0024| compliance with the procedures of the program; and | 0025| C. "program" means a harm reduction program for the purpose | 0001| of sterile hypodermic syringe and needle exchange. | 0002| Section 4. PROGRAM CREATED--DEPARTMENT RESPONSIBILITIES.-- | 0003| A. The department shall: | 0004| (1) establish and administer a harm reduction | 0005| program for the purpose of sterile hypodermic syringe and needle | 0006| exchange; | 0007| (2) compile data to assist in planning and evaluating | 0008| efforts to combat the spread of blood-borne diseases; and | 0009| (3) make an annual report, including legislative | 0010| recommendations, to the legislative health and human services | 0011| committee by October 1 each year. | 0012| B. Within thirty days of the effective date of the Harm | 0013| Reduction Act, the department shall appoint an advisory committee, to | 0014| include representation from: | 0015| (1) the office of the attorney general; | 0016| (2) the New Mexico state police division of the | 0017| department of public safety; | 0018| (3) the human immunodeficiency virus sexually | 0019| transmitted disease bureau of the department; | 0020| (4) the director of the epidemiology division of the | 0021| department or his designee; | 0022| (5) a medical officer of the public health division | 0023| of the department; and | 0024| (6) other persons or representatives as chosen by the | 0025| secretary of health to ensure a thorough and unbiased evaluation of | 0001| the program established under the Harm Reduction Act. | 0002| C. The advisory committee shall: | 0003| (1) develop policies and procedures for evaluation of | 0004| the harm reduction program; | 0005| (2) develop criteria for data collection and program | 0006| evaluation; and | 0007| (3) meet as necessary to analyze data and monitor and | 0008| produce a report on the harm reduction program. | 0009| D. The department may contract with private providers to | 0010| operate the program. | 0011| Section 5. PROGRAM.--The program shall provide: | 0012| A. sterile hypodermic syringes and needles in exchange for | 0013| used hypodermic syringes, needles or other objects used to inject | 0014| controlled substances or controlled substance analogs into the human | 0015| body; | 0016| B. education to participants on the transmission of the | 0017| human immunodeficiency virus, hepatitis B and C and prevention | 0018| measures; and | 0019| C. referral to substance abuse treatment services for | 0020| participants. | 0021| Section 6. IMMUNITY FROM CRIMINAL LIABILITY.--Exchange or | 0022| possession of hypodermic syringes and needles in compliance with the | 0023| procedures of the program shall not constitute a violation of the | 0024| Controlled Substances Act for a participant in the program, an | 0025| employee of the department administering the program or a private | 0001| provider whom the department contracts with to operate the program. | 0002| Section 7. Section 30-31-25.1 NMSA 1978 (being Laws 1981, | 0003| Chapter 31, Section 2) is amended to read: | 0004| "30-31-25.1. POSSESSION, DELIVERY, MANUFACTURE OR DELIVERY TO A | 0005| MINOR OF DRUG PARAPHERNALIA PROHIBITED.-- | 0006| A. It is unlawful for any person to use or possess | 0007| with intent to use drug paraphernalia to plant, propagate, cultivate, | 0008| grow, harvest, manufacture, compound, convert, produce, process, | 0009| prepare, test, analyze, pack, repack, store, contain, conceal, inject, | 0010| ingest, inhale or otherwise introduce into the human body a controlled | 0011| substance in violation of the Controlled Substances Act. The | 0012| provisions of this subsection do not apply to a person who is in | 0013| possession of hypodermic syringes or needles at the time he is | 0014| directly and immediately engaged in a harm reduction program, as | 0015| provided in the Harm Reduction Act. | 0016| B. It is unlawful for any person to deliver, possess with | 0017| intent to deliver or manufacture with the intent to deliver drug | 0018| paraphernalia with knowledge, or under circumstances where one | 0019| reasonably should know, that it will be used to plant, propagate, | 0020| cultivate, grow, harvest, manufacture, compound, convert, produce, | 0021| process, prepare, test, analyze, pack, repack, store, contain, | 0022| conceal, inject, ingest, inhale or otherwise introduce into the human | 0023| body a controlled substance in violation of the Controlled Substances | 0024| Act. The provisions of this subsection do not apply to department of | 0025| health employees or their designees while they are directly and | 0001| immediately engaged in activities related to the harm reduction | 0002| program authorized by the Harm Reduction Act. | 0003| C. Any person who violates this section with respect to | 0004| Subsection A of this section is guilty of a misdemeanor and upon | 0005| conviction shall be punished by a fine of not less than fifty dollars | 0006| ($50.00) nor more than one hundred dollars ($100) or by imprisonment | 0007| for a definite term less than one year, or both. Any person who | 0008| violates this section with respect to Subsection B of this section is | 0009| guilty of a misdemeanor. | 0010| D. Any person eighteen years of age or over who | 0011| violates the provisions of Subsection B of this section by | 0012| delivering drug paraphernalia to a person under eighteen years of | 0013| age and who is at least three years his junior is guilty of a | 0014| fourth degree felony and shall be sentenced pursuant to the | 0015| provisions of Section 31-18-15 NMSA 1978." |