[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Notices]
[Page 10038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3990]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Determination That a Demonstration Needle Exchange Program Would 
be Effective in Reducing Drug Abuse and the Risk of Acquired Immune 
Deficiency Syndrome Infection Among Intravenous Drug Users

AGENCY: Office of the Secretary, Department of Health and Human 
Services.

ACTION: Notice.

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SUMMARY: The Surgeon General of the United States Public Health 
Service, VADM Regina Benjamin, M.D., M.B.A., has determined that a 
demonstration needle exchange program (or more appropriately called 
syringe services program or SSP) would be effective in reducing drug 
abuse and the risk of infection with the etiologic agent for acquired 
immune deficiency syndrome. This determination reflects the scientific 
evidence supporting the important public health benefit of SSPs, and is 
necessary to meet the statutory requirement permitting the expenditure 
of Substance Abuse Prevention and Treatment (SAPT) Block Grant funds 
for SSPs.

FOR FURTHER INFORMATION CONTACT: Substance Abuse and Mental Health 
Services Administration (SAMHSA), 1 Choke Cherry Road, Rockville, 
Maryland, attention John Campbell, 240-276-2891.

SUPPLEMENTARY INFORMATION: The U.S. Department of Health and Human 
Services' Substance Abuse and Mental Health Services Administration 
administers the SAPT Block Grant authorized in section 1921 of Title 
XIX, Part B, Subpart II of the Public Health Service (PHS) Act (42 
U.S.C. 300x-21). Section 1931(a)(1)(F) of Title XIX, Part B, Subpart II 
of the PHS Act (42 U.S.C. 300x-31(a)(1)(F)) prohibits the expenditure 
of SAPT Block Grant funds to ``* * * carry out any program prohibited 
by section 256(b) of the Health Omnibus Programs Extension Act of 
1988'' (42 U.S.C. 300ee-5). Section 256(b) prohibits the use of ``* * * 
funds provided under this Act or an amendment made by this 
Act[hellip]to provide individuals with hypodermic needles or syringes * 
* * unless the Surgeon General of the Public Health Service determines 
that a demonstration needle exchange program would be effective in 
reducing drug abuse and the risk that the public will become infected 
with the etiologic agent for acquired immune deficiency syndrome.''
    SSPs are widely considered to be an effective way of reducing HIV 
transmission among individuals who inject illicit drugs and there is 
ample evidence that SSPs also promote entry and retention into 
treatment (Hagan, McGough, Thiede, et al., 2000, Journal of Substance 
Abuse Treatment, 19, 247-252). According to research that tracks 
individuals in treatment over extended periods of time, most people who 
get into and remain in treatment can reduce or stop using illegal or 
dangerous drugs. In addition to promoting entry to treatment, there are 
studies that document injection reductions for drug users who 
participate in SSPs. Hagan, et al., found that, not only were new SSP 
participants five times more likely to enter drug treatment than non-
SSP participants, former SSP participants were more likely to report 
significant reduction in injection, to stop injecting altogether, and 
to remain in drug treatment. A summary of the research on SSPs is 
available at http://www.samhsa.gov/ssp.
    The Surgeon General of the United States Public Health Service has 
therefore determined that a demonstration syringe services program 
would be effective in reducing drug abuse and the risk that the public 
will become infected with the etiologic agent for acquired immune 
deficiency syndrome. The Department of Health and Human Services plans 
to issue guidelines regarding implementation requirements for SSPs 
based on this determination.

    Dated: February 17, 2011.
Kathleen Sebelius,
Secretary.
[FR Doc. 2011-3990 Filed 2-18-11; 4:15 pm]
BILLING CODE 4150-28-P