Sec. 5. Before a qualified entity may operate a program in a county, the following shall occur:
(1) The local health officer or the executive director must declare to the executive body of the county or the legislative body of the municipality the following:
(A) There is an epidemic of hepatitis C or HIV.
(B) That the primary mode of transmission of hepatitis C or HIV in the county is through intravenous drug use.
(C) That a syringe exchange program is medically appropriate as part of a comprehensive public health response.
(2) The legislative body of the municipality or the executive body of the county must do the following:
(A) Conduct a public hearing that allows for public testimony.
(B) Take official action adopting the declarations under subdivision (1) by the local health officer or the executive director in consideration of the public health for the area and, if the program complies with section 6 of this chapter and is within the jurisdictional limits of the county or municipality that the body represents, either:
(i) approve the operation of the program; or
(ii) submit a request under subdivision (3) to the state health commissioner.
(3) The legislative body of the municipality or the executive body of the county that took official action under subdivision (2) either:
(A) notifies the state health commissioner of the body's actions under subdivision (2), including:
(i) the period of time considered medically appropriate for the program;
(ii) whether a renewal or an extension of the program can occur; and
(iii) other measures taken concerning the epidemic that have proven ineffective; or
(B) if the body does not approve the operation of a program under subdivision (2)(B)(i) and submits a request under subdivision (2)(B)(ii), request that the state health commissioner declare a public health emergency and approve the operation of a program.
(4) If subdivision (3)(B) applies, the state health commissioner has declared a public health emergency for the county or municipality and approved the operation of a program.
As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.2.
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