File #: 23-2122    Version:
Type: Agenda Item Status: Approved
File created: 11/9/2023 In control: Board of Supervisors
On agenda: 12/12/2023 Final action: 12/12/2023
Title: Supervisors Thomas and Parlin, in concert with Sheriff Leikauf and District Attorney Pierson, recommending the Board Approve the Final Passage (Second Reading) of Ordinance 5189 prohibiting the establishment, operation, use, and/or participation in a syringe exchange program within the unincorporated areas of the County. (Cont. 12/05/23, Item 39) FUNDING: N/A
Attachments: 1. A - Urgency Syringe Exchange Ordinance, 2. B - Urgency Ordinance CC Review - Syringe Exchange, 3. C - Needle Exchange Ordinance, 4. D - Ordinance CC Review - Syringe Exchange, 5. E - Urgency Needle Exchange Ordinance Summary, 6. F - Needle Exchange Ordinance Summary, 7. G - Proof of Publication, 8. E - Response from CDPH, 9. Public Comment BOS Rcvd 12-11-23 #11, 10. Public Comment #39 BOS RCVD 12-04-2023, 11. Executed Ordinance 5188, 12. Executed Ordinance 5189, 13. Proof of Publication Ord 5189
Related files: 23-2095, 23-0884, 22-1372
Title
Supervisors Thomas and Parlin, in concert with Sheriff Leikauf and District Attorney Pierson, recommending the Board Approve the Final Passage (Second Reading) of Ordinance 5189 prohibiting the establishment, operation, use, and/or participation in a syringe exchange program within the unincorporated areas of the County. (Cont. 12/05/23, Item 39)

FUNDING: N/A
Body
DISCUSSION / BACKGROUND
On December 5, 2023, the Board heard the Introduction (First Reading) of Ordinance 5189 prohibiting the establishment, operation, use, and/or participation in a syringe exchange program within the unincorporated areas of the County. The Board continued Ordinance 5189 to December 12, 2023 for Final Passage (Second Reading).

The California Legislature provides for syringe exchange programs to operate in California cities and counties in two different ways under California Health and Safety Code Section 121349: 1) By action of the local government, or 2) By authorization of the State Department of Public Health which enables entities that provide syringe exchange services to apply for authorization to provide services in “any location where the department determines that the conditions exist for the rapid spread of HIV, viral hepatitis, or any other potentially deadly or disabling infections that are spread through the sharing of used hypodermic needles and syringes”. Sierra Harm Reduction has been operating in El Dorado County under the State of California’s authorization since January 2020, not by any local order or authorization through El Dorado County or the City of Placerville.

Per the requirement of their authorization, Section 121349.3 states that “health officer of the participating jurisdiction shall present biennially at an open meeting of the board of supervisors or city council a report detailing the status of clean needle and syringe exchange programs, including, but not limited to, relevant statistics on bloodborne infections associated with needle shar...

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