CHAPTER 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Subchapter VIII. Sterile Needle and Syringe Exchange Pilot Program for the Prevention of AIDS and Other Diseases [Subject
to sunset according to the terms of § 7997 of this title]
§ 7990. Definitions [Subject to sunset according to the terms of § 7997 of this title]
As used in this subchapter:
(1) "Director" means the Director of the state Division of Public Health.
(2) "Division" means the state Division of Public Health within the Department of Health and Social Services of the State.
(3) "HIV" means the human immunodeficiency virus that causes acquired immune deficiency syndrome (AIDS).
(4) "Participant" means an injection drug user, residing in the City of Wilmington who exchanges a sterile needle and syringe
unit pursuant to the Program established in § 7991 of this title.
75 Del. Laws, c. 428, § 1.;
§ 7991. Establishment of Program [Subject to sunset according to the terms of § 7997 of this title]
The Director of the state Division of Public Health shall establish a Sterile Needle and Syringe Exchange Pilot Program to
operate within the City of Wilmington. The Program shall be administered by the Director or the Director's designees. The
Director is authorized to designate private providers of services to operate the Program.
75 Del. Laws, c. 428, § 1.;
§ 7992. Operation of the Program [Subject to sunset according to the terms of § 7997 of this title]
The Program shall:
(1) Operate for the purposes of:
a. Preventing the transmission of HIV, the hepatitis B virus, and other blood borne diseases; and
b. Providing injection drug users with referrals to appropriate treatment and other health and social services programs.
(2) Provide for a 1-for-1 exchange, whereby the participants shall receive 1 sterile needle and syringe unit in exchange for
each used one.
(3) Include policies and procedures for the screening of participants to prevent non-injection drug users from participating
in the Program.
(4) Be designed and maintained to provide maximum security of exchange sites and equipment, including security measures that
shall be required to allow for: identification of Program needles; a full accounting of the number of needles and syringes
in circulation; the number in storage; safe disposal of returned needles, and any other measures that may be required to control
the use and dispersal of sterile needles and syringes, provided however that a participant may exchange used needles and syringes
at any exchange site if more than 1 site is available.
(5) Include appropriate levels of staff expertise in working with injecting drug users and adequate staff training in providing
community referrals, counseling, and preventive education.
(6) Include services to:
a. Educate the participants about the dangers of contracting HIV or hepatitis viruses through needle-sharing practices and
unsafe sexual behaviors;
b. Provide HIV testing;
c. Provide a linkage for referrals to drug counseling and treatment services, and follow-up to those referrals to assure that
participants receive available treatment.
(7) Establish procedures for identifying participants consistent with the confidentiality provisions of this subchapter.
(8) Establish a method of identification and authorization for Program staff members who have access to hypodermic needles,
syringes, or Program records.
(9) Operate out of a Program-owned and operated mobile van or vans to be situated at sites to be designated and advertised
by the Program.
75 Del. Laws, c. 428, § 1.;
§ 7993. Criminal liability [Subject to sunset according to the terms of § 7997 of this title]
(a) Exchanges under the Sterile Needle and Syringe Exchange Program shall be exempt from the provisions of §§ 4757, 4771,
and 4772 of Title 16, for the participant or for the employees of the Division or designated Program staff, whenever the possession
or distribution of the controlled paraphernalia or hypodermic syringe or needle is a direct result of the employee's or participant's
activities in connection with the work of the Program authorized under this subchapter.
(b) Notwithstanding the provisions of subsection (a) of this section, a Program staff member or Program participant is not
immune from criminal prosecution for:
(1) The redistribution of hypodermic needles or syringes in any form;
(2) Any activities not authorized or approved by the Program; or
(3) Violation of laws prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled
substances.
75 Del. Laws, c. 428, § 1.;
§ 7994. Oversight Committee [Subject to sunset according to the terms of § 7997 of this title]
The Director shall appoint an Oversight Committee for the Program to provide assistance and advice in the oversight of the
Program. The Committee shall include: 1 representative of law enforcement, 1 physician, 1 recovered injecting drug user, and
up to 2 other individuals who the Director determines to be appropriate for appointment; 1 legislator from the Senate appointed
by the President Pro Tem and 1 legislator from the House of Representatives appointed by the Speaker of the House; 1 representative
of law enforcement and a member of the faith community appointed by the Mayor of the City of Wilmington. The Committee shall
meet periodically to monitor the progress and effectiveness of the Program and to examine data compiled by the Program pursuant
to § 7995 of this title.
75 Del. Laws, c. 428, § 1.;
§ 7995. Data collection and Program reports [Subject to sunset according to the terms of § 7997 of this title]
The Program shall collect the following data for the Director and the Oversight Committee:
(1) Information on the number of participants served and the number of needles and syringes distributed;
(2) A demographic profile of the participants served, including but not limited to: age, sex, ethnicity, area of residence,
occupation, types of drugs used, length of drug use, and frequency of injection;
(3) The number of participants entering drug counseling and treatment, and the number of referrals made by the Program for
drug counseling and treatment;
(4) Data on participants regarding HIV testing, counseling, and/or other social services;
(5) Assessment of the impact of the Program on needle and syringe sharing and other high risk behaviors;
(6) Impact on the transmission of HIV infection among injection drug users;
(7) Other data as requested by the Director or Oversight Committee to assess the cost effectiveness and strengths and weaknesses
of the Program.
75 Del. Laws, c. 428, § 1.;
§ 7996. Identification of participants and confidentiality [Subject to sunset according to the terms of § 7997 of this title]
(a) Each Program participant shall be issued an identification card with an identification number. The identification number
shall be cross-indexed to a confidential record containing pertinent data on the participant.
(b) Information obtained by the Program that would identify Program participants, including Program records is:
(1) Confidential;
(2) Not open to public inspection or disclosure; and
(3) Not discoverable in any criminal or civil proceeding.
(c) Upon the written consent of a Program participant, information obtained by the Program may be released or disclosed to
a person or agency as directed by the participant.
(d) If a Program participant raises the issue of participation in the Program either as a subject matter or legal defense
in an administrative, civil, or criminal proceeding, the Program participant waives the confidentiality of identity provided
under subsections (a) and (b) of this section.
75 Del. Laws, c. 428, § 1.;
§ 7997. Approval to operate Program [Subject to sunset according to the terms of this section]
The pilot Program shall sunset 5 years from the date of notification and designation by the Director to the entity authorized
to operate the Program or until receipt by the organization or entity of a written notice of termination of the Program from
the Director, whichever shall first occur. Six months prior to the sunset of the Program, the Director and Oversight Committee
shall prepare a report for the General Assembly which includes the data collection requirements outlined in § 7995 of this
title, the rates of HIV infection prior to the inception of the Program and every subsequent year, and a recommendation on
whether to continue the Program.
CHAPTER 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Subchapter VIII. Sterile Needle and Syringe Exchange Pilot Program for the Prevention of AIDS and Other Diseases [Subject
to sunset according to the terms of § 7997 of this title]
§ 7990. Definitions [Subject to sunset according to the terms of § 7997 of this title]
As used in this subchapter:
(1) "Director" means the Director of the state Division of Public Health.
(2) "Division" means the state Division of Public Health within the Department of Health and Social Services of the State.
(3) "HIV" means the human immunodeficiency virus that causes acquired immune deficiency syndrome (AIDS).
(4) "Participant" means an injection drug user, residing in the City of Wilmington who exchanges a sterile needle and syringe
unit pursuant to the Program established in § 7991 of this title.
75 Del. Laws, c. 428, § 1.;
§ 7991. Establishment of Program [Subject to sunset according to the terms of § 7997 of this title]
The Director of the state Division of Public Health shall establish a Sterile Needle and Syringe Exchange Pilot Program to
operate within the City of Wilmington. The Program shall be administered by the Director or the Director's designees. The
Director is authorized to designate private providers of services to operate the Program.
75 Del. Laws, c. 428, § 1.;
§ 7992. Operation of the Program [Subject to sunset according to the terms of § 7997 of this title]
The Program shall:
(1) Operate for the purposes of:
a. Preventing the transmission of HIV, the hepatitis B virus, and other blood borne diseases; and
b. Providing injection drug users with referrals to appropriate treatment and other health and social services programs.
(2) Provide for a 1-for-1 exchange, whereby the participants shall receive 1 sterile needle and syringe unit in exchange for
each used one.
(3) Include policies and procedures for the screening of participants to prevent non-injection drug users from participating
in the Program.
(4) Be designed and maintained to provide maximum security of exchange sites and equipment, including security measures that
shall be required to allow for: identification of Program needles; a full accounting of the number of needles and syringes
in circulation; the number in storage; safe disposal of returned needles, and any other measures that may be required to control
the use and dispersal of sterile needles and syringes, provided however that a participant may exchange used needles and syringes
at any exchange site if more than 1 site is available.
(5) Include appropriate levels of staff expertise in working with injecting drug users and adequate staff training in providing
community referrals, counseling, and preventive education.
(6) Include services to:
a. Educate the participants about the dangers of contracting HIV or hepatitis viruses through needle-sharing practices and
unsafe sexual behaviors;
b. Provide HIV testing;
c. Provide a linkage for referrals to drug counseling and treatment services, and follow-up to those referrals to assure that
participants receive available treatment.
(7) Establish procedures for identifying participants consistent with the confidentiality provisions of this subchapter.
(8) Establish a method of identification and authorization for Program staff members who have access to hypodermic needles,
syringes, or Program records.
(9) Operate out of a Program-owned and operated mobile van or vans to be situated at sites to be designated and advertised
by the Program.
75 Del. Laws, c. 428, § 1.;
§ 7993. Criminal liability [Subject to sunset according to the terms of § 7997 of this title]
(a) Exchanges under the Sterile Needle and Syringe Exchange Program shall be exempt from the provisions of §§ 4757, 4771,
and 4772 of Title 16, for the participant or for the employees of the Division or designated Program staff, whenever the possession
or distribution of the controlled paraphernalia or hypodermic syringe or needle is a direct result of the employee's or participant's
activities in connection with the work of the Program authorized under this subchapter.
(b) Notwithstanding the provisions of subsection (a) of this section, a Program staff member or Program participant is not
immune from criminal prosecution for:
(1) The redistribution of hypodermic needles or syringes in any form;
(2) Any activities not authorized or approved by the Program; or
(3) Violation of laws prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled
substances.
75 Del. Laws, c. 428, § 1.;
§ 7994. Oversight Committee [Subject to sunset according to the terms of § 7997 of this title]
The Director shall appoint an Oversight Committee for the Program to provide assistance and advice in the oversight of the
Program. The Committee shall include: 1 representative of law enforcement, 1 physician, 1 recovered injecting drug user, and
up to 2 other individuals who the Director determines to be appropriate for appointment; 1 legislator from the Senate appointed
by the President Pro Tem and 1 legislator from the House of Representatives appointed by the Speaker of the House; 1 representative
of law enforcement and a member of the faith community appointed by the Mayor of the City of Wilmington. The Committee shall
meet periodically to monitor the progress and effectiveness of the Program and to examine data compiled by the Program pursuant
to § 7995 of this title.
75 Del. Laws, c. 428, § 1.;
§ 7995. Data collection and Program reports [Subject to sunset according to the terms of § 7997 of this title]
The Program shall collect the following data for the Director and the Oversight Committee:
(1) Information on the number of participants served and the number of needles and syringes distributed;
(2) A demographic profile of the participants served, including but not limited to: age, sex, ethnicity, area of residence,
occupation, types of drugs used, length of drug use, and frequency of injection;
(3) The number of participants entering drug counseling and treatment, and the number of referrals made by the Program for
drug counseling and treatment;
(4) Data on participants regarding HIV testing, counseling, and/or other social services;
(5) Assessment of the impact of the Program on needle and syringe sharing and other high risk behaviors;
(6) Impact on the transmission of HIV infection among injection drug users;
(7) Other data as requested by the Director or Oversight Committee to assess the cost effectiveness and strengths and weaknesses
of the Program.
75 Del. Laws, c. 428, § 1.;
§ 7996. Identification of participants and confidentiality [Subject to sunset according to the terms of § 7997 of this title]
(a) Each Program participant shall be issued an identification card with an identification number. The identification number
shall be cross-indexed to a confidential record containing pertinent data on the participant.
(b) Information obtained by the Program that would identify Program participants, including Program records is:
(1) Confidential;
(2) Not open to public inspection or disclosure; and
(3) Not discoverable in any criminal or civil proceeding.
(c) Upon the written consent of a Program participant, information obtained by the Program may be released or disclosed to
a person or agency as directed by the participant.
(d) If a Program participant raises the issue of participation in the Program either as a subject matter or legal defense
in an administrative, civil, or criminal proceeding, the Program participant waives the confidentiality of identity provided
under subsections (a) and (b) of this section.
75 Del. Laws, c. 428, § 1.;
§ 7997. Approval to operate Program [Subject to sunset according to the terms of this section]
The pilot Program shall sunset 5 years from the date of notification and designation by the Director to the entity authorized
to operate the Program or until receipt by the organization or entity of a written notice of termination of the Program from
the Director, whichever shall first occur. Six months prior to the sunset of the Program, the Director and Oversight Committee
shall prepare a report for the General Assembly which includes the data collection requirements outlined in § 7995 of this
title, the rates of HIV infection prior to the inception of the Program and every subsequent year, and a recommendation on
whether to continue the Program.
CHAPTER 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Subchapter VIII. Sterile Needle and Syringe Exchange Pilot Program for the Prevention of AIDS and Other Diseases [Subject
to sunset according to the terms of § 7997 of this title]
§ 7990. Definitions [Subject to sunset according to the terms of § 7997 of this title]
As used in this subchapter:
(1) "Director" means the Director of the state Division of Public Health.
(2) "Division" means the state Division of Public Health within the Department of Health and Social Services of the State.
(3) "HIV" means the human immunodeficiency virus that causes acquired immune deficiency syndrome (AIDS).
(4) "Participant" means an injection drug user, residing in the City of Wilmington who exchanges a sterile needle and syringe
unit pursuant to the Program established in § 7991 of this title.
75 Del. Laws, c. 428, § 1.;
§ 7991. Establishment of Program [Subject to sunset according to the terms of § 7997 of this title]
The Director of the state Division of Public Health shall establish a Sterile Needle and Syringe Exchange Pilot Program to
operate within the City of Wilmington. The Program shall be administered by the Director or the Director's designees. The
Director is authorized to designate private providers of services to operate the Program.
75 Del. Laws, c. 428, § 1.;
§ 7992. Operation of the Program [Subject to sunset according to the terms of § 7997 of this title]
The Program shall:
(1) Operate for the purposes of:
a. Preventing the transmission of HIV, the hepatitis B virus, and other blood borne diseases; and
b. Providing injection drug users with referrals to appropriate treatment and other health and social services programs.
(2) Provide for a 1-for-1 exchange, whereby the participants shall receive 1 sterile needle and syringe unit in exchange for
each used one.
(3) Include policies and procedures for the screening of participants to prevent non-injection drug users from participating
in the Program.
(4) Be designed and maintained to provide maximum security of exchange sites and equipment, including security measures that
shall be required to allow for: identification of Program needles; a full accounting of the number of needles and syringes
in circulation; the number in storage; safe disposal of returned needles, and any other measures that may be required to control
the use and dispersal of sterile needles and syringes, provided however that a participant may exchange used needles and syringes
at any exchange site if more than 1 site is available.
(5) Include appropriate levels of staff expertise in working with injecting drug users and adequate staff training in providing
community referrals, counseling, and preventive education.
(6) Include services to:
a. Educate the participants about the dangers of contracting HIV or hepatitis viruses through needle-sharing practices and
unsafe sexual behaviors;
b. Provide HIV testing;
c. Provide a linkage for referrals to drug counseling and treatment services, and follow-up to those referrals to assure that
participants receive available treatment.
(7) Establish procedures for identifying participants consistent with the confidentiality provisions of this subchapter.
(8) Establish a method of identification and authorization for Program staff members who have access to hypodermic needles,
syringes, or Program records.
(9) Operate out of a Program-owned and operated mobile van or vans to be situated at sites to be designated and advertised
by the Program.
75 Del. Laws, c. 428, § 1.;
§ 7993. Criminal liability [Subject to sunset according to the terms of § 7997 of this title]
(a) Exchanges under the Sterile Needle and Syringe Exchange Program shall be exempt from the provisions of §§ 4757, 4771,
and 4772 of Title 16, for the participant or for the employees of the Division or designated Program staff, whenever the possession
or distribution of the controlled paraphernalia or hypodermic syringe or needle is a direct result of the employee's or participant's
activities in connection with the work of the Program authorized under this subchapter.
(b) Notwithstanding the provisions of subsection (a) of this section, a Program staff member or Program participant is not
immune from criminal prosecution for:
(1) The redistribution of hypodermic needles or syringes in any form;
(2) Any activities not authorized or approved by the Program; or
(3) Violation of laws prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled
substances.
75 Del. Laws, c. 428, § 1.;
§ 7994. Oversight Committee [Subject to sunset according to the terms of § 7997 of this title]
The Director shall appoint an Oversight Committee for the Program to provide assistance and advice in the oversight of the
Program. The Committee shall include: 1 representative of law enforcement, 1 physician, 1 recovered injecting drug user, and
up to 2 other individuals who the Director determines to be appropriate for appointment; 1 legislator from the Senate appointed
by the President Pro Tem and 1 legislator from the House of Representatives appointed by the Speaker of the House; 1 representative
of law enforcement and a member of the faith community appointed by the Mayor of the City of Wilmington. The Committee shall
meet periodically to monitor the progress and effectiveness of the Program and to examine data compiled by the Program pursuant
to § 7995 of this title.
75 Del. Laws, c. 428, § 1.;
§ 7995. Data collection and Program reports [Subject to sunset according to the terms of § 7997 of this title]
The Program shall collect the following data for the Director and the Oversight Committee:
(1) Information on the number of participants served and the number of needles and syringes distributed;
(2) A demographic profile of the participants served, including but not limited to: age, sex, ethnicity, area of residence,
occupation, types of drugs used, length of drug use, and frequency of injection;
(3) The number of participants entering drug counseling and treatment, and the number of referrals made by the Program for
drug counseling and treatment;
(4) Data on participants regarding HIV testing, counseling, and/or other social services;
(5) Assessment of the impact of the Program on needle and syringe sharing and other high risk behaviors;
(6) Impact on the transmission of HIV infection among injection drug users;
(7) Other data as requested by the Director or Oversight Committee to assess the cost effectiveness and strengths and weaknesses
of the Program.
75 Del. Laws, c. 428, § 1.;
§ 7996. Identification of participants and confidentiality [Subject to sunset according to the terms of § 7997 of this title]
(a) Each Program participant shall be issued an identification card with an identification number. The identification number
shall be cross-indexed to a confidential record containing pertinent data on the participant.
(b) Information obtained by the Program that would identify Program participants, including Program records is:
(1) Confidential;
(2) Not open to public inspection or disclosure; and
(3) Not discoverable in any criminal or civil proceeding.
(c) Upon the written consent of a Program participant, information obtained by the Program may be released or disclosed to
a person or agency as directed by the participant.
(d) If a Program participant raises the issue of participation in the Program either as a subject matter or legal defense
in an administrative, civil, or criminal proceeding, the Program participant waives the confidentiality of identity provided
under subsections (a) and (b) of this section.
75 Del. Laws, c. 428, § 1.;
§ 7997. Approval to operate Program [Subject to sunset according to the terms of this section]
The pilot Program shall sunset 5 years from the date of notification and designation by the Director to the entity authorized
to operate the Program or until receipt by the organization or entity of a written notice of termination of the Program from
the Director, whichever shall first occur. Six months prior to the sunset of the Program, the Director and Oversight Committee
shall prepare a report for the General Assembly which includes the data collection requirements outlined in § 7995 of this
title, the rates of HIV infection prior to the inception of the Program and every subsequent year, and a recommendation on
whether to continue the Program.
