DAR File No. 42177
This rule was published in the October 15, 2017, issue (Vol. 2017, No. 20) of the Utah State Bulletin.
Health, Disease Control and Prevention, Epidemiology
Special Measures for the Operation of Syringe Exchange Programs
Notice of Proposed Rule
DAR File No.: 42177
Filed: 10/02/2017 09:00:37 AM
Purpose of the rule or reason for the change:
The reason for the change is to provide clarification on syringe exchange programs and requirements.
Summary of the rule or change:
This change clarifies the purpose of the syringe exchange program and provides additional clarification on operating requirements for entities operating syringe exchange programs.
Statutory or constitutional authorization for this rule:
- Section 26-7-8
This rule or change incorporates by reference the following material:
- Adds Syringe Services Program (SSP) Development and Implementation Guidelines for State and Local Health Departments, published by National Alliance of State & Territorial AIDS Directors, 2012
- Adds Guide to Developing and Managing Syringe Access Programs, published by Harm Reduction Coalition, 2010
Anticipated cost or savings to:
the state budget:
These revisions provide clarification only and do not add additional requirements that impact the state budget. The Department of Health (Department) is utilizing 1.0 FTE in federal funds to monitor, analyze, and report on syringe exchange programs throughout the state = $54,329.60 (personnel and fringe).
These revisions provide clarification only and do not add additional requirements to impact local governments. Anticipated costs if a local health department chooses to operate a syringe exchange program include, but are not limited to: personnel costs, educational materials, syringes, and sharps disposals.
These revisions provide clarification only and do not add additional requirements to impact small businesses. Anticipated costs if a small business chooses to operate a syringe exchange program include, but are not limited to: personnel costs, educational materials, syringes, and sharps disposals.
persons other than small businesses, businesses, or local governmental entities:
These revisions provide clarification only and do not add additional requirements to impact businesses. Anticipated costs if a business chooses to operate a syringe exchange program include, but are not limited to: personnel costs, educational materials, syringes, and sharps disposals.
Compliance costs for affected persons:
These revisions provide clarification only and do not add additional requirements that impact affected persons. Minimal personnel costs for entities operating a syringe exchange program for completing mandatory reporting forms and faxing/emailing forms to the Department.
Comments by the department head on the fiscal impact the rule may have on businesses:
The proposed amendment clarifies a syringe exchange program includes not only the syringe but also other materials such as cotton filters, cookers, tourniquets, alcohol swabs, and condoms. The amendment clarifies operating requirements of a syringe exchange program. It also incorporates by reference a "Guide to Developing and Managing Syringe Access Programs", and the "Syringe Services Program, (SSP) Development and Implementation Guidelines for State and Local Health Departments" published by the National Alliance of State and Territorial AIDS Directors, 2012. The revisions are clarifications with no additional requirements so there will be no fiscal impact on any business choosing to operate a syringe exchange program.
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 email@example.com
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:
This rule may become effective on:
Joseph Miner, Executive Director
R386. Health, Disease Control and Prevention, Epidemiology.
R386-900. Special Measures for the Operation of Syringe Exchange Programs.
This rule is authorized under Utah Code 26-7-8.
This rule establishes operating and reporting requirements required of an entity operating a syringe exchange pursuant to 26-7-8.
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
(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
(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
(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.
(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: [
November 7, 2016]
Authorizing, and Implemented or Interpreted Law: 26-7-8
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20171015.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Erin Fratto at the above address, by phone at 801-538-6701, by FAX at , or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.