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HEALTH DISTRICT v. BROCKETT

No. 58208-4.

120 Wn.2d 140 (1992)

839 P.2d 324

SPOKANE COUNTY HEALTH DISTRICT, ET AL, Respondents, v. DONALD C. BROCKETT, ET AL, Appellants, THE BOARD OF PHARMACY, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

November 5, 1992.

Attorney(s) appearing for the Case

Donald C. Brockett, Prosecuting Attorney, James P. Emacio, Chief Deputy, and Robert B. Binger, Deputy, for appellants Brockett and Erickson.

Kenneth O. Eikenberry, Attorney General, and William L. Williams, Senior Assistant, for appellants State and Eikenberry.

Edward J. Parry, for respondents Spokane County Health District and Beare.

James C. Sloane, City Attorney, and Laurie Flinn Connelly, Assistant, for respondents City of Spokane, Spokane County, and Mangan.

Rohan, Goldfarb & Shapiro, P.S., by Robert J. Rohan, Special Counsel, for respondents Gardner, Board of Health, Department of Health, Board of Pharmacy, and Region I AIDS Network.

Robert J. Rohan, on behalf of Washington State Medical Association, Washington State Nurses Association, Washington State Hospital Association, and Washington State Hospice Organization, amici curiae.

DOLLIVER, J.

Spokane County Prosecuting Attorney Donald C. Brockett, Spokane County Sheriff Larry V. Erickson, and State Attorney General Kenneth O. Eikenberry (hereinafter defendants) challenge a trial court decision which approved a needle exchange program in Spokane County. Defendants contend the program constitutes an unlawful distribution of drug paraphernalia.

The facts in this case are undisputed. Human immunodeficiency virus (HIV) is a blood-borne...

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