Existing law authorizes a governmental entity, a nonprofit corporation, a public health program, a medical facility and certain other entities to establish a sterile hypodermic device program. (NRS 439.987) Such a program is authorized to provide: (1) sterile hypodermic devices and other related material for safe injection drug use; and (2) information concerning certain services for persons experiencing a substance use disorder. (NRS 439.991) Existing law additionally authorizes certain providers of health care to dispense opioid antagonists with or without a prescription. (NRS 453C.110, 453C.120) Existing law also exempts a person who, in good faith, seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency or who seeks such assistance for himself or herself, or who is the subject of a good faith request for such assistance, from certain criminal liability. (NRS 453C.100) Sections 2-10 of this bill authorize the establishment of programs for the prevention of overdoses and disease, which provide a hygienic space where persons who are at least 18 years of age may consume drugs that they have obtained before arriving in the space. Sections 2-5 of this bill define relevant terms. Section 6 of this bill authorizes the board of county commissioners in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to authorize the establishment of a program for the prevention of overdoses and disease that operates at one fixed or mobile site upon determining that the program is likely to achieve certain purposes relating to the reduction of harm caused by the consumption of drugs. If such a program operates continuously in such a county for 2 years and achieves those goals, section 6 authorizes the State Board of Health to allow the board of county commissioners of a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) to authorize the establishment of such a program in the county. Section 6 prohibits a board of county commissioners from authorizing such a program to operate at more than one fixed or mobile site and from establishing additional programs until one program has operated successfully and continuously in the county for 4 years. Section 6 requires a board of county commissioners to hold an open, public hearing before approving the establishment of a program for the prevention of overdoses and disease or authorizing such a program to operate at an additional fixed or mobile site. Section 7 of this bill prescribes the required elements of a program for the prevention of overdoses and disease, which, in addition to a hygienic site for the consumption of drugs, must include: (1) staffing and monitoring by trained personnel; (2) the distribution and administration of opioid antagonists; (3) the distribution and disposal of hypodermic devices; (4) the administration of first aid; and (5) upon request, consultation concerning treatment for a substance use disorder and referral for such treatment. Section 7 also authorizes a program for the prevention of overdoses and disease to provide education in certain subjects relating to substance use disorders. Section 8 of this bill requires the operator of a program for the prevention of overdoses and disease to report certain information concerning the program to the health authority, the board of county commissioners and the State Board of Health annually. Sections 9 and 11 of this bill provide for the confidentiality of certain information relating to programs for the prevention of overdoses and disease. Section 10 of this bill exempts: (1) operators, staff and volunteers of a program for the prevention of overdoses and disease from certain civil or criminal liability or other penalties; and (2) persons who possess and consume drugs at a hygienic site operated by such a program from criminal liability or civil forfeiture.

Statutes affected:
As Introduced: 239.010
BDR: 239.010