New Jersey’s Syringe Access Law On January 18, 2022, Governor Murphy signed the Syringe Access Bill into law. The new law, which went into effect immediately and will be followed by more detailed implementing regulations, authorizes expanded provision of harm reduction services to distribute sterile syringes and provide support services to people who use drugs.
What are syringe access programs? Syringe access programs — also called Harm Reduction Centers in New Jersey — are an essential public health service that provide new, sterile syringes, naloxone (the medicine that reverses an overdose), connections to substance use disorder (SUD) treatment and healthcare services, and community care for people who use drugs.
What are the public health benefits of syringe access programs? According to the U.S. Centers for Disease Control and Prevention, people with access to a syringe access program are: less likely to die from an opioid-related overdose five times more likely to stop substance use that causes them problems three times more likely to stop substance use altogether 50% less likely to acquire HIV or Hepatitis C.
Who supports syringe access programs? Public health experts overwhelmingly support syringe access. Syringe access is globally understood to be a best practice in public health, and is endorsed by the World Health Organization, American Medical Association, American Public Health Association, U.S Centers for Disease Control and Prevention (CDC), and New Jersey Department of Health. Syringe access has bipartisan support nationally and is championed by current and former U.S. Surgeon Generals.
Why did New Jersey need a modernized syringe access law? Syringe access programs are a lifeline for people who use drugs. Yet, even when local officials and health departments wanted to provide such services, they were nearly impossible to open under New Jersey’s previous restrictive and outdated law. The old law required municipal authorization for a new program to open — a barrier that does not exist for any other health care service. As a result, New Jersey only had seven syringe access programs serving a state of over nine million residents (in fewer than 1.2% of municipalities).
What changes does the new syringe access law make? The new law eliminates the need for municipalities to explicitly authorize the operation of a syringe access program through ordinance. Now, New Jersey Department of Health (NJDOH) is solely responsible for syringe access program registration. NJDOH continues to have regulatory authorization over program operation. This means that any eligible entity (for example, a Federally Qualified Health Center or community based organization) may establish a syringe access program with approval of a registration from NJDOH in accordance with its regulations and, if appropriate, after obtaining any approvals that may be otherwise required under municipal land use regulations.
How can an eligible entity register a syringe access program? New Jersey’s Health Commissioner is charged with creating regulations that will set forth program requirements and registration processes. New Jerseyans can expect new regulations and guidance on the operations of syringe access programs to be announced by NJDOH. Once announced, there will be a period for public comment on new regulations.
Will mail-based and delivery-based syringe access services be permitted under the new law? Yes. The new law states: “to the extent permitted under federal law, and subject to the requirements of federal law, notwithstanding any provision of State law to the contrary, an authorized entity may deliver harm reduction services or other related supplies, as determined by the commissioner, to consumers via postal mail or other delivery service.” Public health best practice calls for a “buffet of options” for people who use drugs to access new, sterile syringes and other harm reduction supplies. This “buffet of options” can include mail-based services, delivery of supplies, peer-based distribution, and comprehensive drop-in centers. The new law allows for a buffet of options, explicitly authorizing mail-based and delivery services. New Jersey will join five states — California, Michigan, Nevada, New York, and Oklahoma — in providing mail-based services.
Can syringe access programs provide fentanyl test strips? Yes. The new law authorizes the distribution of harm reduction supplies in addition to syringes, including fentanyl test strips, and enables New Jersey Department of Health to designate additional materials or equipment as harm reduction supplies.
What baseline services are available for residents at syringe access programs? The new law outlines that the baseline services offered by a syringe access program will include syringe access, syringe disposal, referrals to health and social services, harm reduction counseling and supplies including, but not limited to, fentanyl test strips and HIV and Hepatitis C testing.
Where can I learn more about implementation of New Jersey’s new syringe access law? We’ll share updates about the new syringe access law — including regulations and relevant trainings on harm reduction and drug user health — as they become available. Sign-up for email updates at bit.ly/SyringeAccessNJ.
This resource was developed with the technical assistance of the Vital Strategies Overdose Prevention Program and through the support of the Bloomberg Overdose Prevention Initiative. Please note that this information does not constitute legal advice or representation. Contact hello@njharmreduction.org with questions. | Updated in: September 2022
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