(1) A county public health agency or district public health agency may request approval from its county board of health or district board of health, referred to in this section as the "board", for a clean syringe exchange program operated by the agency or by a nonprofit organization with which the agency contracts to operate the clean syringe exchange program. Prior to approving or disapproving any such optional program, the board shall consult with the agency and interested stakeholders concerning the establishment of the clean syringe exchange program. Interested stakeholders must include, but need not be limited to, local law enforcement agencies, district attorneys, substance use disorder treatment providers, persons with a substance use disorder in remission, nonprofit organizations, hepatitis C and HIV advocacy organizations, and members of the community. The board and interested stakeholders shall consider, at a minimum, the following issues: (a) The scope of the problem being addressed and the population the program would serve; (b) Concerns of the law enforcement community; and (c) The parameters of the proposed program, including methods for identifying program workers and volunteers. (2) Each proposed clean syringe exchange program must, at a minimum, have the ability to: (a) Provide an injection drug user with the information and the means to protect himself or herself, his or her partner, and his or her family from exposure to blood-borne disease through access to education, sterile injection equipment, voluntary testing for blood-borne diseases, and counseling; (b) Provide thorough referrals to facilitate entry into substance use disorder treatment programs, including opioid substitution therapy; (c) Encourage usage of medical care and mental health services as well as social welfare and health promotion; (d) Provide safety protocols and classes for the proper handling and disposal of injection materials; (e) Plan and implement the clean syringe exchange program with the clear objective of reducing the transmission of blood-borne diseases within a specific geographic area; (f) Develop a timeline for the proposed program and for the development of policies and procedures; and (g) Develop an education program regarding the legal rights under this section and section 18-18-428 (1)(b), C.R.S., that encourages participants to always disclose their possession of hypodermic needles or syringes to peace officers or emergency medical technicians or other first responders prior to a search. (2.3) A clean syringe exchange program operating pursuant to this section may purchase and distribute other supplies and tools intended to reduce health risks associated with the use of drugs, including, but not limited to, smoking materials. (2.5) (a) A nonprofit organization with experience operating a clean syringe exchange program or a health facility licensed or certified by the state may operate a clean syringe exchange program without prior board approval. (b) Prior to operating a clean syringe exchange program pursuant to this subsection (2.5), a nonprofit organization shall consult with interested stakeholders and discuss the issues described in subsection (1) of this section. (c) Each nonprofit organization and health facility that operates a clean syringe exchange program pursuant to this subsection (2.5) shall annually report to the state department specifying the nonprofit organization's or health facility's number of syringe access episodes in the previous year and the number of used syringes collected by the nonprofit organization or health facility. (3) The board may approve or disapprove the proposed clean syringe exchange program based on the results of the meetings held pursuant to subsection (1) of this section. (4) If the board approves a clean syringe exchange program that is operated through a contract with a nonprofit organization, the contract shall be subject to annual review and shall be renewed only if the board approves the contract after consultation with the county or district public health agency and interested stakeholders as described in subsection (1) of this section. (4.5) A clean syringe exchange program operating pursuant to this section may acquire and use supplies or devices intended for use in testing controlled substances or controlled substance analogs for potentially dangerous adulterants. (5) One or more counties represented on a district board of health may at any time opt out of a clean syringe exchange program proposed or approved pursuant to this section. (6) Repealed.
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