Rutgers Law

New Jersey Statutes, Title: 26, HEALTH AND VITAL STATISTICS

    Chapter 5c:

      Section: 26:5c-26: Findings, declarations relative to sterile syringe access programs.

          2. The Legislature finds and declares that:

a. Injection drug use is one of the most common methods of transmission of HIV, hepatitis C, and other bloodborne pathogens;

b. (deleted by amendment, P.L.2021, c.396)

c. More than a million people in the United States use drugs at a cost to society in health care, lost productivity, accidents, and crime of more than $50 billion annually;

d. Harm reduction services have been proven effective in reducing the spread of HIV, hepatitis C, and other bloodborne pathogens, and in reducing overdoses and overdose deaths without increasing rates of substance use or causing other adverse social impacts;

e. Every scientific, medical, and professional agency or organization that has studied this issue, including the federal Centers for Disease Control and Prevention, the American Medical Association, the American Public Health Association, the National Academy of Sciences, the National Institutes of Health Consensus Panel, the American Academy of Pediatrics, and the United States Conference of Mayors, has found harm reduction services to be effective in reducing the transmission of HIV;

f. Harm reduction programs are designed to prevent the spread of HIV, hepatitis C, and other bloodborne pathogens, prevent overdoses and overdose deaths, and to provide a bridge to substance use disorder treatment, healthcare services, and social support services sought out by persons who use drugs intravenously; and it is in the public interest that such services be provided in this State in accordance with statutory guidelines designed to ensure the safety of consumers who use these programs, the health care workers who operate them, and the members of the general public;

g. Despite the attention that substance use disorders and overdose deaths are receiving Statewide, the number of overdose deaths in New Jersey has remained unacceptably high, with 2,914 confirmed overdose deaths in 2019, and over 70,000 overdose deaths nationwide;

h. The COVID-19 pandemic has increased the urgency of maintaining and expanding harm reduction services. Now more than ever, harm reduction expansion is critical. According to the federal Centers for Disease Control and Prevention's June 24-30, 2020 Morbidity and Mortality Weekly Report, 13 percent of U.S. residents began substance use or increased substance use during the pandemic. New Jersey has already started to see the consequences of the intersecting opioid and COVID-19 crises. There were 3,046 suspected overdose deaths in 2020. If confirmed, this will be New Jersey's highest drug-related fatality count in the past decade;

i. The opioid epidemic is part of a syndemic and is associated with increased rates of HIV and viral hepatitis infection, as well as other social complexities;

j. New Jersey enacted the "Bloodborne Disease Harm Reduction Act" P.L.2006, c.99 (C.26:5C-25 et al.) in 2006 to allow for the establishment of sterile syringe access programs. There are currently seven such programs operating throughout the State, which shall hereafter be referred to as harm reduction services;

k. The federal Centers for Disease Control and Prevention describe harm reduction services as an effective component of a comprehensive and integrated approach to HIV prevention. Such services include providing consumers with sterile syringes, fentanyl test strips, resources for critical services such as HIV care, treatment, pre- and post-exposure prophylaxis services, screening for other sexually transmitted diseases, hepatitis C testing and treatment, hepatitis A and B vaccinations, and other medical, social, and mental health services. In addition, harm reduction services include education concerning safe injection practices, wound care, and overdose prevention;

l. The U.S. Department of Health and Human Services has stated that there is conclusive scientific evidence that harm reduction services, as part of a comprehensive HIV prevention strategy, are an effective public health intervention that reduces the transmission of HIV and does not encourage the use of illegal drugs;

m. Harm reduction services do not promote drug use and do not minimize the harm and danger associated with lawful and unlawful drug use. Individuals utilizing harm reduction services are often ill, in pain, and have experienced trauma. Harm reduction services are offered to these individuals by professionals who treat the individuals with compassion and who provide these necessary services without judgment;

n. There is evidence demonstrating that crime does not increase in areas in which harm reduction services locations are situated;

o. Harm reduction services do not interfere with substance use disorder treatment efforts. The services provide a bridge to substance use disorder treatment and other social services for individuals with substance use disorders;

p. For individuals who inject drugs, the best way to reduce the risk of acquiring and transmitting infectious disease through injection drug use is to stop injecting drugs, but for individuals who do not stop injecting drugs, the use of sterile injection equipment can reduce the risk of acquiring and transmitting infectious diseases and prevent outbreaks;

q. Research shows that the provision of sterile syringes is associated with an estimated 50 percent reduction in the incidence of HIV and hepatitis C, a greater likelihood that individuals will seek treatment, and decreased overdose rates; and

r. Entities offering harm reduction services in New Jersey provide sterile syringes and operate under a philosophy of harm reduction, which honors the dignity of those who use drugs or are living with a substance use disorder, reduces the negative consequences of injection drug use, and provides a stigma-free environment for people who use drugs by providing the care they desire and need.

L.2006, c.99, s.2; amended 2016, c.36, s.1; 2021, c.396, s.2.

This section added to the Rutgers Database: 2022-03-28 09:36:32.

Older versions of 26:5c-26 (if available):

Court decisions that cite this statute: CLICK HERE.