(a) Syringe Exchange Programs ("SEPs") for the purpose of reducing HIV and Hepatitis C among injection drug users meeting the requirements set forth in this section shall be allowed in the City of Middletown.
(b) The Middletown Board of Health and Environment and City of Middletown Health Department encourages SEPs meeting the requirements set forth in this section, and urges all law enforcement agencies to refrain from intervening or interfering with any such program in the City.
(c) All SEPs in the City must comply with the following requirements:
(1) The organization operating the SEP shall be able to demonstrate to the Health Commissioner that it has the infrastructure to ensure compliance with the requirements of this section;
(2) Only paid employees, paid contractors, or appointed volunteers of the organization operating the SEP may engage in the handling of needles and syringes. These employees, paid contractors or volunteers must be trained as required in this section and in accordance to division (c)(6) hereof;
(3) SEPs shall adhere to a needs assessed based exchange policy;
(4) All client participants shall be a minimum of 18 years of age and shall be issued an identification card by the SEP for proof of participation;
(5) SEPs shall have trained staff, paid employees or paid contractors and may have volunteers who must also be trained, and such trained staff must be capable of providing one-on-one education and HIV risk-reduction educational materials and tools to clients. Materials and services available shall include bleach bottles and directions, condoms and instructions, literature regarding HIV/AIDS and Hepatitis B and C, education about sexually transmitted and other communicable diseases, and drug/alcohol use, abuse and treatment;
(6) All staff and/or volunteers working on a SEP shall receive comprehensive hospital style training including safety issues, CPR, and instruction on blood borne pathogens and shall at all times while participating in the SEP wear visible identifications. Ongoing training is required;
(7) SEPs shall have established procedures to assure the safe handling and disposal of used needles/syringes at the exchange and at any other ultimate disposal site. No volunteer worker for a SEP may engage in the handling of needles/syringes. Only paid employees or paid contractors of the organization operating the SEP may handle, exchange, possess or dispose of needles and syringes;
(8) SEPs shall have policies and procedures which protect the confidentiality of participants;
(9) SEPs shall comply with any other requirements for SEPs as established by the Health Commissioner to ensure the safety of all staff and volunteers of any SEP, of participants of any SEP, and the citizens of the City;
(10) SEPs will provide services on a sliding scale or at no charge for those with no ability to pay;
(11) SEPs shall have at all times commercial general and professional liability insurance covering its operations, in an amount determined by the Health Commissioner as reasonable and sufficient to protect the interests of the SEPs, staff, volunteers, participants and the citizens of the City.
(d) A SEP which operates primarily as a medical facility is required to comply with the following:
(1) Provide HIV and Hepatitis B and C testing, risk reduction counseling, and referral mechanisms for client medical problems or social service's needs;
(2) Provide substance abuse assessments and have linkages with drug treatment facilities with said linkage to include access to drug treatment, which if immediate access is not available, registration on a waiting list;
(3) Provide the services of at least one licensed physician.
(e) A SEP which does not function primarily as a medical facility is required to comply with the following:
(1) The physician who supervises the SEP shall provide the following services:
A. Oversee the quality of the training of the staff and volunteers;
B. Establish and oversee medical protocol as it relates to the safe handling and disposal of syringes and to medical emergencies which may arise in the course of the SEP's operation.
(2) Report immediately to the Health Commissioner any change in a contractual or other relationship with the physician who has medical oversight over the SEP;
(3) Have and provide to the Health Commissioner a written linkage to a drug treatment facility which provides its services to the community, the linkage should include, if immediate access to drug treatment is not possible, access to a brief drug assessment and registration on a waiting list;
(4) Have and provide to the Health Commissioner a written linkage for HIV and Hepatitis B and C testing and risk reduction counseling and referral mechanisms for client medical problems or social needs.
(Res. 2015-01, passed 12-8-2015; Am. Res. 2017-01, passed 3-14-2017)