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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 3.A.
For Meeting of: November 12, 2024
ITEM TITLE: Yakima Health District- Harm Reduction Program presentation
SUBMITTED BY: Vicki Baker, City Manager
*Andre Fresco, Executive Director, Yakima Health District
SUMMARY EXPLANATION:
At the October 1, 2024 meeting, Council had a discussion on harm reduction programs in the City limits.
Following that meeting, they requested that the Yakima County Health District provide a presentation
about its Harm Reduction Program.
The information attached is Lewis County's Municipal Code section regarding Sterile Needle and Syringe
Exchange program.
ITEM BUDGETED:
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION:
ATTACHMENTS:
Lewis County Ordinance_STERILE NEEDLE AND SYRINGE EXCHANGE
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Chapter 8.80
STERILE NEEDLE AND SYRINGE EXCHANGE
Sections:
8.80.010 Creation and purpose.
8.80.020 Definitions.
8.80.030 Registration.
8.80.040 Program staff.
8.80.050 Quantity of sterile needle and syringe exchange.
8.80.060 Drug treatment.
8.80.070 Health information.
8.80.080 Opioid antagonist kits.
8.80.090 Needle disposal containers.
8.80.100 Age restriction.
8.80.110 Location of sterile needle and syringe exchange.
8.80.120 Site security.
8.80.130 Data and reporting requirements.
8.80.140 Funding.
8.80.150 Exclusions.
8.80.160 Penalties.
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8.80.170 Severability.
8.80.180 Effective date.
8.80.010 Creation and purpose.
(1) Pursuant to RCW 69.50.612, as such may be amended from time to time, Lewis
County is authorized to enact laws or ordinances relating to the regulation of harm
reduction services, including needle and hypodermic syringe exchange programs.
(2) The purpose of this chapter is to ensure sterile needle and syringe exchange
programs operating in Lewis County operate in the safest manner in all aspects and
balance the priority of users' safety and users' drug treatment, sobriety, and abstinence.
Sterile needle and syringe exchange programs offer the exchange of clean, unused
needles and hypodermic syringes for used needles and hypodermic syringes as a
means to reduce the transmission of HIV, AIDS, viral hepatitis, or other blood-borne
diseases; decrease the number of improperly disposed needles and syringes which
pose a serious risk to the public health, safety, and welfare, given the potential for
personal bodily injury, property damage, and contaminated waterways in the event of
high water levels; and to provide a first point of contact for formal drug treatment, access
to health and counseling service referrals, the provision of up-to-date information about
safe injecting practices, and providing a means for data collection from participants
about their behavior and/or drug use patterns. [Ord. 1354 (Exh. A), 2024]
8.80.020 Definitions.
For purposes of this chapter, the following definitions apply:
(1) "Approved substance use disorder treatment program" means a program for persons
with a substance use disorder provided by a licensed or certified treatment program.
(2) "Child" means a person under the age of 18 years.
(3) "Controlled substance" means a drug, substance, or immediate precursor included in
Schedules I through V as set forth in federal or state laws, or federal or commission
rules, but does not include hemp or industrial hemp as defined in RCW 15.140.020.
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(4) "Drug addiction" means a disease characterized by a dependency on psychoactive
chemicals, loss of control over the amount and circumstances of use, symptoms of
tolerance, physiological or psychological withdrawal, or both, if use is reduced or
discontinued, and impairment of health or disruption of social or economic functioning.
(5) "Drug offense" means:
(a) Any felony, gross misdemeanor, or misdemeanor violation of Chapter 69.50 or
69.52 RCW;
(b) Any offense defined as a felony under federal law that relates to the possession,
manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would
be a felony classified as a drug offense under subsection (5)(a) of this section.
(6) "Drug paraphernalia" means all equipment, products, and materials of any kind which
are used, intended for use, or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled
substance.
(7) "Legend drugs" means any drugs which are required by state law or regulation of the
Pharmacy Quality Assurance Commission to be dispensed on prescription only or are
restricted to use by practitioners only.
(8) "Mobile clinic" means any sterile needle and syringe exchange program conducted
through a variety of delivery methods including, but not limited to, mobile vehicles or
backpacked pedestrians resulting in the delivery of program services in any way except
in a fixed facility.
(9) "Needle disposal container" means any rigid puncture-resistant container used for the
collection of discarded needles, syringes, or other sharps.
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(10) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or
inhibits the effects of opioids acting on those receptors. It does not include any drug that
is administered intravenously.
(11) "Package" means a container that has a single unit or group of units.
(12) "Participant" means an individual who uses the sterile needle and syringe exchange
program services being offered by a program operator.
(13) "Practitioner" means:
(a) A physician under Chapter 18..71 RCW, an osteopathic physician or an
osteopathic physician and surgeon under Chapter 18.57 RCW, a dentist under
Chapter 18.32 RCW, a podiatric physician and surgeon under Chapter 18.22 RCW,
an acupuncturist or acupuncture and Eastern medicine practitioner to the extent
authorized under Chapter 18.06 RCW and the rules adopted under RCW
18.06.010(1)(j), a veterinarian under Chapter 18.92 RCW, a registered nurse,
advanced registered nurse practitioner, or licensed practical nurse under Chapter
18.79 RCW, an optometrist under Chapter 1&53 RCW who is certified by the
optometry board under RCW 18.53.010, a physician assistant under Chapter
18.71A RCW, a naturopath licensed under Chapter 18.36A RCW, a licensed
athletic trainer to the extent authorized under Chapter 18.250 RCW, a pharmacist
under Chapter 18.64 RCW, or, when acting under the required supervision of a
dentist licensed under Chapter 18.32 RCW, a dental hygienist licensed under
Chapter 18.29 RCW;
(b) A pharmacy, hospital, or other institution licensed, registered, or otherwise
permitted to distribute, dispense, conduct research with respect to, or to administer
a legend drug in the course of professional practice or research in this state; and
(c) A physician licensed to practice medicine and surgery or a physician licensed to
practice osteopathic medicine and surgery in any state, or province of Canada,
which shares a common border with the state of Washington.
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(14) "Prescription" means an order for controlled substances issued by a practitioner
duly authorized by law or rule in the state of Washington to prescribe controlled
substances within the scope of his or her professional practice for a legitimate medical
purpose.
(15) "Program operator" means an individual, organization, corporation, trust,
partnership, association, joint venture, or other legal or commercial entity that operates a
sterile needle and syringe exchange program.
(16) "Program staff" means any staff, volunteers, or any other individuals working for or
with the sterile needle and syringe exchange program.
(17) "Referral" means the act of the program operator giving a participant the name or
names of specific providers of services that may meet the needs of the participant
described in this chapter, or the program operator gives a provider the name of a
participant for the purposes of enabling the provider to contact the participant regarding
services provided by that provider.
(18) "Safe or supervised injection site" means a designated area or facility designed to
provide a hygienic environment in which individuals are able to consume illicit
recreational drugs intravenously.
(19) "Sterile needle and syringe exchange program" means any and all needle and
syringe exchange programs or projects whereby hypodermic needles and/or syringes
are exchanged such that persons participating in and/or operating such programs are
exempted from criminal prosecution for acts related to the possession of needles and/or
syringes pursuant to RCW 69.50.412. [Ord. 1354 (Exh. A), 2024]
8.80.030 Registration.
All program operators shall register with the Lewis County public health and social
services department. The registration shall include, but not be limited to:
(1) Name and contact information, including but not limited to address and telephone
number, of program operator;
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(2) All licensing, certifications, or other qualifications of the program operator;
(3) Locations of where the needle and hypodermic syringe exchange will take place;
(4) Times of when the needle and hypodermic syringe exchange will operate; and
(5) The program operator's procedure for the disposal of needles and/or hypodermic
syringes;
(6) All staff, volunteers, and any other individuals working for or with the sterile needle
and syringe exchange program. [Ord. 1354 (Exh. A), 2024]
8.80.040 Program staff.
(1) All staff, volunteers, and any other individuals working for or with the sterile needle
and syringe exchange program:
(a) Shall be verified by the sterile needle and syringe exchange program operator
not to have been a participant in the sterile needle and syringe exchange program
in the prior 24 months;
(b) Shall be verified by the Lewis County public health and social services not to
have been convicted of any drug related offense in the prior 24 months.
(2) Upon receiving verifications as required by subsection (1) of this section, the Lewis
County public health and social services shall issue an identification card to the program
staff.
(3) All program staff shall carry and have the identification card issued by the Lewis
County public health and social services visible at all times while conducting program
business. [Ord. 1354 (Exh. A), 2024]
8.80.050 Quantity of sterile needle and syringe exchange.
The program operator shall operate a one-to-one exchange, whereby a participant shall
receive one sterile needle and syringe unit in exchange for each used one. Provided, the
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first time a participant appears before a program operator within a two-year period,
notwithstanding the number of used needles the participant offers to exchange, said
participant shall receive up to a maximum of 10 sterile needles. If the participant seeks
to exchange a package of more than 10 needles or syringes, the program operator may
use a good faith estimate of the number of needles or syringes to exchange. No other
drug paraphernalia shall be issued or distributed in any manner. [Ord. 1354 (Exh. A),
2024]
8.80.060 Drug treatment.
Whenever needles and/or syringes are exchanged, the program operator shall provide
on-site counseling or referrals for an approved substance use disorder treatment
program and for drug abuse prevention, education, and treatment. [Ord. 1354 (Exh. A),
2024]
8.80.070 Health information.
The program operator shall offer or make a referral to an organization that provides
disease testing and educational materials regarding the transmission of HIV, viral
hepatitis, and other blood-borne diseases whenever needles or syringes are exchanged.
[Ord. 1354 (Exh. A), 2024]
8.80.080 Opioid antagonist kits.
Whenever needles or syringes are exchanged, the program operator shall make
available kits containing an emergency opioid antagonist or provide referrals to a
program that can provide such kit. [Ord. 1354 (Exh. A), 2024]
8.80.090 Needle disposal containers.
Whenever needles or syringes are exchanged, the program operator shall make
available a needle disposal container to the participant. [Ord. 1354 (Exh. A), 2024]
8.80.100 Age restriction.
(1) The program operator shall not knowingly provide needles or syringes to any child or
person under the age of 18 to remain in compliance with RCW 8a50Al2.
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(2) When there may be a question of a person's right to possess hypodermic needles
and/or syringes pursuant to RCW 69.50.412 by reason of age, the program operator
must require the participant to present any one of the following officially issued forms of
identification that shows the purchaser's age and bears his or her signature and
photograph:
(a) Liquor control authority card of identification of a state, province of Canada, or
other sovereign nation;
(b) Driver's license, instruction permit, or identification card of a state, province of
Canada, or other sovereign nation;
(c) "Identicard" issued by the Washington State Department of Licensing under
Chapter 46.20 RCW;
(d) United States military identification;
(e) Passport;
(f) Enrollment card, issued by the governing authority of a federally recognized
Indian tribe, that incorporates security features comparable to those implemented
by the Department of Licensing for Washington drivers' licenses; or
(g) Merchant marine identification card issued by the United States Coast Guard.
(3) It is a defense to a prosecution under this section that the program operator
reasonably relied on any of the officially issued identification as defined in subsection (2)
of this section. [Ord. 1354 (Exh. A), 2024]
8.80.110 Location of sterile needle and syringe exchange.
(1) The program operator may conduct its needle and hypodermic syringe exchange at
one or more fixed locations. No mobile exchange is authorized in Lewis County.
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(a) Any program operator conducting a mobile exchange in Lewis County using a
mobile vehicle at the time this chapter is enacted may continue until December 31 ,
2025, to use the mobile vehicle for the operation of its needle and hypodermic
syringe exchange provided the mobile vehicle provides such an exchange at a
single location which has an existing mental health or drug treatment program
operating on site, is under the legal control of the program operator, is in
compliance with subsections (2) through (4) of this section, and LCC 8.80.120(3)
through (8), is approved by the Lewis County public health and social services
department, and is approved by the Lewis County board of county commissioners
via resolution.
(2) Locations of where the needle and hypodermic syringe exchange take place must be
in areas which are not exclusively zoned for residential purposes.
(3) Locations of where the needle and hypodermic syringe exchange take place must
not be within 750 feet of a school, library, or public park.
(4) No safe or supervised injection site is authorized or permitted in Lewis County. [Ord.
1354 (Exh. A), 2024]
8.80.120 Site security.
Required criteria for a fixed location are to include but not be limited to:
(1) A primary entrance and emergency exit with doors and locking mechanisms;
(2) Be in a well-lighted area for both primary entrance and emergency exits for safety
issues;
(3) Needle disposal containers for securing previously used needles and other drug
paraphernalia;
(4) Secure containers for new needles;
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(5) The location and its legal parking areas must be assessable to vehicle and foot
traffic;
(6) Have ADA accessibility for consumers;
(7) The facility shall not to be used for a safe or supervised injection site; and
(8) The operator shall provide for maximum security of the site where needles are
exchanged and of any equipment used under the needle exchange program and shall
establish written security procedures. These security procedures shall be included in the
operator's training and on-boarding process for all contractors, employees, and
volunteers assisting in the needle exchange program. Security procedures shall include,
at a minimum:
(a) An accounting of the number of needles and syringes dispersed;
(b) An accounting of the number of needles and syringes in storage; and
(c) An accounting of the safe disposal of returned needles. [Ord. 1354 (Exh. A),
2024]
8.80.130 Data and reporting requirements.
Criteria for a fixed location are to include but not be limited to:
(1) The needle exchange program shall prepare and submit monthly reports to the Lewis
County director of public health and social services or the director's designee. The
needle exchange program monthly report shall be filed no later than 60 days after the
last day of the month. The needle exchange program shall collect and monitor, at a
minimum, the following data elements to be included in the monthly report:
(a) The number of participants served;
(b) The number of used needles or syringes received and disposed;
(c) The number of clean, unused needles or syringes distributed to participants;
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(d) The number of emergency opioid antagonist kits distributed;
(e) The number of needle disposal containers distributed;
(f) The number of known participants that are referred to or enroll in a substance
use disorder treatment program, drug abuse prevention, education, or those tested
for HIV, AIDS, viral hepatitis, or other blood-borne diseases and referred for
medical treatment;
(g) Any other data collection methods and outcomes measurements that may be
required by the Washington State Department of Health; and
(h) The demographic profiles of the participants served.
(2) The personal identifying information of a needle exchange program participant shall
not be collected for any purpose. [Ord. 1354 (Exh. A), 2024]
8.80.140 Funding.
Lewis County funds may not be used to operate an exchange program. Exchange
program operator shall not accept any form of remuneration from participants for
delivering sterile needle and syringe exchange program services but shall be funded
through funds acquired by other sources. [Ord. 1354 (Exh. A), 2024]
8.80.150 Exclusions.
(1) Nothing in this chapter shall be construed to prohibit or regulate a practitioner from
legally prescribing or administering medications or legend drugs.
(2) Nothing in this chapter shall be construed to prohibit or regulate the sale of
hypodermic syringe, hypodermic needle, or any device adapted for the use of drugs by
injection pursuant to Chapter 0.115. RCW. [Ord. 1354 (Exh. A), 2024]
8.80.160 Penalties.
(1) Any commissioned law enforcement officer, Lewis County director of public health
and social services or the director's designee, or the prosecuting attorney may inspect
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the site of the sterile needle and syringe exchange program. Any commissioned law
enforcement officer may cite a program operator upon probable cause that a violation of
this chapter has occurred, whether or not the violation took place in the citing authority's
presence.
(2) Any program operator who is found, by a preponderance of the evidence, to have
violated any portion of this chapter shall be subject to the civil penalties in LCC 1 .20.040.
(3) A third violation, and all subsequent violations, of this chapter shall be a
misdemeanor, punishable as prescribed in LCC 1 .20.020. A committed finding on a prior
infraction for violating this chapter shall be sufficient to show the prior violation and
notice to the accused but shall not be necessary for proof of the misdemeanor. It shall
suffice if it is proven beyond a reasonable doubt within the misdemeanor prosecution
that (a) the prior violations occurred; (b) the accused was lawfully served with written
notice of the prior violations before the third or subsequent violation; and (c) the third or
subsequent violation occurred. [Ord. 1354 (Exh. A), 2024]
8.80.170 Severability.
Should any section, paragraph, sentence, clause, or phrase of this chapter, or its
application to any person or circumstance, be declared unconstitutional or otherwise
invalid for any reason, or should any portion of this chapter be preempted by state or
federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this chapter or its application to other persons or circumstances.
[Ord. 1354 (Exh. A), 2024]
8.80.180 Effective date.
The effective date of the ordinance codified in this chapter shall be April 16, 2024. [Ord.
1354 (Exh. A), 2024]
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The Lewis County Code is current through Ordinance 1355, passed May 7, 2024.
Disclaimer: The clerk of the board's office has the official version of the Lewis County
Code. Users should contact the clerk of the board's office for ordinances passed
subsequent to the ordinance cited above.
County Website: https://www.lewiscountywa.gov/
County Telephone: (360) 740-1120
Codification services provided by General Code
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