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Judge extends order halting WVa needle exchange law

Posted July 08, 2021 7:00 am

The Associated Press

Buttons are displayed at a tent during a health event Saturday, June 26, 2021, in Charleston, W.Va. Volunteers at the tent passed out the buttons along with free doses of naloxone, a drug that reverses the effects of an opioid overdose by helping the person breathe again. Activists at the event called on the city of Charleston to declare a public health emergency for new HIV cases and prescription drug overdoses. (AP Photo/John Raby) The Associated Press

HUNTINGTON, W.Va. (AP) - A federal judge Thursday extended a temporary restraining order on West Virginia's new law that tightens requirements on needle exchange programs.

U.S. District Judge Chuck Chambers said he will mull the argument by plaintiffs that the law, which was due to take effect Friday, is unconstitutional, The Herald-Dispatch reported.

Republican Gov. Jim Justice signed the bill in April over the objections of critics who said it will restrict access to clean needles amid a spike in HIV cases. The American Civil Liberties Union's West Virginia chapter filed the federal lawsuit last month and Chambers issued the restraining order June 28.

The law would require licenses for syringe collection and distribution programs. Operators would have to offer an array of health outreach services, including overdose prevention education and substance abuse treatment program referrals. Participants also must show an identification card to obtain a syringe.

Programs also would be required to receive majority support from local county commissions and municipal councils.

Advocates view the regulations as onerous.

Supporters said the legislation would help those addicted to opioids get connected to health care services fighting substance abuse. Some Republicans lawmakers had said the changes were necessary because some needle exchange programs were 'œoperating so irresponsibly'ť that they were causing syringe litter.

The ACLU chapter said the law would likely lead to more HIV cases and the spread of other bloodborne illnesses.

It would take effect amid one of the nation's highest spikes in HIV cases related to intravenous drug use. The surge, clustered mainly around the capital of Charleston and the city of Huntington, was attributed at least in part to the cancellation in 2018 of Charleston's needle exchange program.

The surge has led to an investigation by the federal Centers for Disease Control and Prevention that last month found emergency departments and inpatient medical personnel rarely conducted HIV testing on intravenous drug users in Kanawha County.

Previously, city leaders and first responders complained that the program in Kanawha County led to an increase in needles being left in public places and abandoned buildings, and it was shut down.

The CDC describes syringe programs as 'œsafe, effective, and cost-saving.'ť

Dozens of people form the phrase "HIV SOS" Saturday, June 26, 2021, in Charleston, W.Va. Activists are calling on the city of Charleston to declare a public health emergency for new HIV cases and prescription drug overdoses. The Centers for Disease Control and Prevention earlier this year declared an HIV outbreak related to intravenous drug use in Kanawha County "the most concerning in the United States." (AP Photo/John Raby) The Associated Press

File - In this March 9, 2021 file photo, Solutions Oriented Addiction Response organizer Brooke Parker holds an HIV testing kit in Charleston, W.Va. The Centers for Disease Control and Prevention issued preliminary findings of an investigation into a West Virginia county with one of the nation's highest spikes in HIV cases among intravenous drug users. The findings showed emergency departments and inpatient medical personnel rarely conducted HIV testing on intravenous drug users who were patients. (AP Photo/John Raby) The Associated Press

Solutions Oriented Addiction Response co-founder Joe Solomon speaks during a health event Saturday, June 26, 2021, in Charleston, W.Va. A group of people formed the letters "HIV SOS" at the event and Solomon called on the city of Charleston to declare a public health emergency for new HIV cases and prescription drug overdoses. (AP Photo/John Raby) The Associated Press

Signs are displayed at a tent during a health event Saturday, June 26, 2021, in Charleston, W.Va. Volunteers at the tent passed free doses of naloxone, a drug that reverses the effects of an opioid overdose by helping the person breathe again. Activists at the event called on the city of Charleston to declare a public health emergency for new HIV cases and prescription drug overdoses. (AP Photo/John Raby) The Associated Press

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