0001| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR | 0002| | 0003| SENATE BILL 220 | 0004| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| AN ACT | 0013| RELATING TO HEALTH; CREATING THE HARM REDUCTION ACT TO REDUCE | 0014| THE SPREAD OF BLOOD-BORNE DISEASES; AMENDING AND ENACTING | 0015| CERTAIN SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0019| through 6 of this act may be cited as the "Harm Reduction Act". | 0020| Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the | 0021| Harm Reduction Act is to: | 0022| A. prevent the transmission of the human | 0023| immunodeficiency virus, hepatitis B and C viruses and other | 0024| blood-borne diseases; and | 0025| B. encourage intravenous drug users to seek | 0001| substance abuse treatment and ensure that participants receive | 0002| individual counseling and education to decrease the risk of | 0003| transmission of blood-borne diseases. | 0004| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the | 0005| Harm Reduction Act: | 0006| A. "department" means the department of health; | 0007| B. "participant" or "client" means an intravenous | 0008| drug user who exchanges a used hypodermic syringe, needle or | 0009| other object used to inject controlled substances or controlled | 0010| substance analogs into the human body for a sterile hypodermic | 0011| syringe and needle in compliance with the procedures of the | 0012| program; and | 0013| C. "program" means a harm reduction program for the | 0014| purpose of sterile hypodermic syringe and needle exchange. | 0015| Section 4. [NEW MATERIAL] PROGRAM CREATED--DEPARTMENT | 0016| RESPONSIBILITIES.-- | 0017| A. The department shall: | 0018| (1) establish and administer a harm reduction | 0019| program for the purpose of sterile hypodermic syringe and | 0020| needle exchange; | 0021| (2) compile data to assist in planning and | 0022| evaluating efforts to combat the spread of blood-borne | 0023| diseases; and | 0024| (3) make an annual report, including | 0025| legislative recommendations, to the legislative health and | 0001| human services committee by October 1 each year. | 0002| B. Within ten days of the effective date of the | 0003| Harm Reduction Act, the department shall appoint an advisory | 0004| committee, to include representation from: | 0005| (1) the office of the attorney general; | 0006| (2) the New Mexico state police division of the | 0007| department of public safety; | 0008| (3) the human immunodeficiency virus sexually | 0009| transmitted disease bureau of the department; | 0010| (4) the director of the epidemiology division of | 0011| the department or his designee; | 0012| (5) a medical officer of the public health | 0013| division of the department; and | 0014| (6) other persons or representatives as chosen | 0015| by the secretary of health to ensure a thorough and unbiased | 0016| evaluation of the program established under the Harm Reduction | 0017| Act. | 0018| C. The advisory committee shall: | 0019| (1) develop policies and procedures for | 0020| evaluation of the harm reduction program; | 0021| (2) develop criteria for data collection and | 0022| program evaluation; and | 0023| (3) meet as necessary to analyze data and | 0024| monitor and produce a report on the harm reduction program. | 0025| D. The department may contract with private providers | 0001| to operate the program. | 0002| Section 5. [NEW MATERIAL] PROGRAM.--The program shall | 0003| provide: | 0004| A. sterile hypodermic syringes and needles in exchange | 0005| for used hypodermic syringes, needles or other objects used to | 0006| inject controlled substances or controlled substance analogs into | 0007| the human body; | 0008| B. education to participants on the transmission of | 0009| the human immunodeficiency virus, hepatitis B and C and prevention | 0010| measures; and | 0011| C. referral to substance abuse treatment services for | 0012| participants. | 0013| Section 6. [NEW MATERIAL] CRIMINAL LIABILITY.--Exchange of | 0014| sterile hypodermic syringes and needles under the program shall | 0015| not constitute an offense under the Controlled Substances Act for | 0016| a participant, employee of the department or its designee. A | 0017| person shall not be provided immunity from prosecution if he | 0018| violates a law prohibiting or regulating the use, possession, | 0019| dispensing, distribution or promotion of drug paraphernalia if he | 0020| is not participating in the program as a client or as an employee | 0021| or designee of the department. | 0022| Section 7. Section 30-31-25.1 NMSA 1978 (being Laws 1981, | 0023| Chapter 31, Section 2) is amended to read: | 0024| "30-31-25.1. POSSESSION, DELIVERY, MANUFACTURE OR DELIVERY | 0025| TO A MINOR OF DRUG PARAPHERNALIA PROHIBITED.-- | 0001| A. It is unlawful for any person to use or possess | 0002| with intent to use drug paraphernalia to plant, propagate, | 0003| cultivate, grow, harvest, manufacture, compound, convert, produce, | 0004| process, prepare, test, analyze, pack, repack, store, contain, | 0005| conceal, inject, ingest, inhale or otherwise introduce into the | 0006| human body a controlled substance in violation of the Controlled | 0007| Substances Act. The provisions of this subsection do not apply to | 0008| a person at the time he is coming to or returning from an actual | 0009| syringe or needle exchange operated pursuant to the provisions of | 0010| the Harm Reduction Act. | 0011| B. It is unlawful for any person to deliver, possess | 0012| with intent to deliver or manufacture with the intent to deliver | 0013| drug paraphernalia with knowledge, or under circumstances where | 0014| one reasonably should know, that it will be used to plant, | 0015| propagate, cultivate, grow, harvest, manufacture, compound, | 0016| convert, produce, process, prepare, test, analyze, pack, repack, | 0017| store, contain, conceal, inject, ingest, inhale or otherwise | 0018| introduce into the human body a controlled substance in violation | 0019| of the Controlled Substances Act. The provisions of this | 0020| subsection do not apply to department of health employees or their | 0021| designees while they are directly and immediately engaged in | 0022| activities related to the harm reduction program authorized by the | 0023| Harm Reduction Act. | 0024| C. Any person who violates this section with respect | 0025| to [(1)] Subsection A of this section is guilty of a misdemeanor | 0001| and upon conviction shall be punished by a fine of not less than | 0002| fifty dollars ($50.00) nor more than one hundred dollars ($100) or | 0003| by imprisonment for a definite term less than one year, or both. | 0004| [(2)] Any person who violates this section with respect to | 0005| Subsection B of this section is guilty of a misdemeanor. | 0006| D. Any person eighteen years of age or over who | 0007| violates the provisions of Subsection B of this section by | 0008| delivering drug paraphernalia to a person under eighteen years of | 0009| age and who is at least three years his junior is guilty of a | 0010| fourth degree felony and shall be sentenced pursuant to the | 0011| provisions of Section 31-18-15 NMSA 1978." | 0012| Section 8. EMERGENCY.--It is necessary for the public | 0013| peace, health and safety that this act take effect immediately. | 0014|  |