SPONSOR: Sen. Pinkney & Rep. Harris & Rep. Minor-Brown Sens. Lockman, S. McBride, Sokola, Townsend; Reps. Baumbach, Bolden, Griffith, K. Johnson, Morrison, Neal, Phillips DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE BILL NO. 52 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STERILE NEEDLE AND SYRINGE EXCHANGE PROGRAM.
SPONSOR: Sen. Pinkney & Rep. Harris & Rep. Minor-Brown Sens. Lockman, S. McBride, Sokola, Townsend; Reps. Baumbach, Bolden, Griffith, K. Johnson, Morrison, Neal, Phillips
SPONSOR: Sen. Pinkney & Rep. Harris & Rep. Minor-Brown
Sens. Lockman, S. McBride, Sokola, Townsend; Reps. Baumbach, Bolden, Griffith, K. Johnson, Morrison, Neal, Phillips
SPONSOR:
Sen. Pinkney & Rep. Harris & Rep. Minor-Brown
Sens. Lockman, S. McBride, Sokola, Townsend; Reps. Baumbach, Bolden, Griffith, K. Johnson, Morrison, Neal, Phillips
DELAWARE STATE SENATE
152nd GENERAL ASSEMBLY
SENATE BILL NO. 52
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STERILE NEEDLE AND SYRINGE EXCHANGE PROGRAM.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 79, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: Subchapter VIII. Sterile Needle and Syringe Exchange Service Program for the Prevention of AIDS and Other Diseases Section 2. Amend 7990, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 7990. Definitions. As used in this subchapter: (4) Participant means an injection drug user who exchanges obtains a sterile needle and syringe unit pursuant to under the program established in 7991 of this title. Section 3. Amend 7991, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 7991. Establishment of program. The Director of the State Division of Public Health shall maintain a sterile needle and syringe exchange service program. The program shall is to be administered by the Director or the Directors designees. The Director is authorized to may designate private providers of services to operate the program. Section 4. Amend 7992, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 7992. Operation of the program. The program shall: (2) Provide for a 1-for-1 exchange, whereby participants shall receive 1 sterile needle and syringe unit in exchange for each used 1. Provide needles and syringes on an as-needed basis, whereby a participant receives sterile needles and syringes based on need and usage. (4) Be designed and maintained to provide maximum security of exchange program 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 distributed; 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 return used needles and syringes at any exchange program site if more than 1 site is available. Section 5. Amend 7993, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 7993. Criminal liability. (a) Exchanges Distribution or return of needles and syringes under the sterile needle and syringe exchange service program shall be is exempt from the provisions of 4762, 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 employees or participants activities in connection with the work of the program authorized under this subchapter.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 79, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Subchapter VIII. Sterile Needle and Syringe Exchange Service Program for the Prevention of AIDS and Other Diseases
Section 2. Amend 7990, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
7990. Definitions.
As used in this subchapter:
(4) Participant means an injection drug user who exchanges obtains a sterile needle and syringe unit pursuant to under the program established in 7991 of this title.
Section 3. Amend 7991, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
7991. Establishment of program.
The Director of the State Division of Public Health shall maintain a sterile needle and syringe exchange service program. The program shall is to be administered by the Director or the Directors designees. The Director is authorized to may designate private providers of services to operate the program.
Section 4. Amend 7992, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
7992. Operation of the program.
The program shall:
(2) Provide for a 1-for-1 exchange, whereby participants shall receive 1 sterile needle and syringe unit in exchange for each used 1. Provide needles and syringes on an as-needed basis, whereby a participant receives sterile needles and syringes based on need and usage.
(4) Be designed and maintained to provide maximum security of exchange program 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 distributed; 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 return used needles and syringes at any exchange program site if more than 1 site is available.
Section 5. Amend 7993, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
7993. Criminal liability.
(a) Exchanges Distribution or return of needles and syringes under the sterile needle and syringe exchange service program shall be is exempt from the provisions of 4762, 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 employees or participants activities in connection with the work of the program authorized under this subchapter.
SYNOPSIS This Act directs the States current needle exchange program to take a needs-based approach. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Author: Senator Pinkney
SYNOPSIS
This Act directs the States current needle exchange program to take a needs-based approach.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Author: Senator Pinkney