{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-45.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-45.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-45.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-45.4.html"}],"law_id":73569,"edition_id":1,"section_id":73569,"structure_id":16047,"section_number":"32.1-45.4","catch_line":"Comprehensive harm reduction programs","history":"2017, c. 183; 2020, c. 839.","full_text":"A\n\nThe Commissioner or his designee may authorize the director of a local department of health, or any other organization that promotes scientifically proven methods of mitigating health risks associated with drug use and other high-risk behaviors, to establish and operate local or regional comprehensive harm reduction programs that include the provision of sterile hypodermic needles and syringes and disposal of used hypodermic needles and syringes. The objectives of such programs shall be to (i) reduce the spread of HIV, viral hepatitis, and other blood-borne diseases in the Commonwealth; (ii) reduce the transmission of blood-borne diseases through needlestick injuries to law-enforcement and other emergency personnel; (iii) provide information to individuals who inject drugs regarding addiction recovery treatment services and encourage such individuals to participate in evidence-based substance use treatment programs; (iv) prevent opioid overdose deaths through distribution of naloxone or other opioid antagonists; and (v) incentivize the safe return and disposal of hypodermic needles and syringes. Comprehensive harm reduction programs established by the Commissioner pursuant to this section shall be operated by local health departments or affiliated organizations with which the Department contracts.B\n\nA comprehensive harm reduction program established pursuant to this section shall include (i) the disposal of used hypodermic needles and syringes; (ii) the provision of hypodermic needles and syringes and other injection supplies at no cost and in quantities sufficient to ensure that needles, hypodermic syringes, and other injection supplies are not shared or reused; (iii) reasonable and adequate security of program sites, equipment, and personnel; (iv) the provision of educational materials concerning (a) substance use disorder prevention, (b) overdose prevention, (c) the prevention of transmission of HIV, viral hepatitis, and other blood-borne diseases, (d) available mental health treatment options, including referrals for mental health treatment, and (e) available substance use disorder treatment options, which shall include options for medication assisted treatment of substance use disorder, including referrals for treatment; (v) access to overdose prevention kits that contain naloxone or other opioid antagonist approved by the U.S. Food and Drug Administration for opioid overdose reversal; (vi) individual harm reduction counseling, including individual consultations regarding appropriate mental health or substance use disorder treatment; and (vii) verification that a hypodermic needle or syringe or other injection supplies were obtained from a comprehensive harm reduction program established pursuant to this section.C\n\nThe director of a local health department or representative of any other organization authorized to establish a comprehensive harm reduction program pursuant to this section shall notify the Department, in a manner and form specified by the Department, of his intent to establish a comprehensive harm reduction program. Such notice shall include (i) the name of the local health department or organization that will operate the comprehensive harm reduction program, (ii) a description of the geographic area and population to be served by the comprehensive harm reduction program, and (iii) a description of the methods by which the comprehensive harm reduction program will comply with the requirements of subsection B, including a written security plan that provides for the reasonable and adequate security of the comprehensive harm reduction program site, equipment, and personnel.D\n\nWritten security plans required pursuant to clause (iii) of subsection C shall be filed annually with each local law-enforcement agency serving the jurisdiction in which the comprehensive harm reduction program is located for their consideration.E\n\nThe provisions of §§ 18.2-250, 18.2-265.3, and 54.1-3466 shall not apply to a person who dispenses or distributes hypodermic needles and syringes as part of a comprehensive harm reduction program established pursuant to this section.F\n\nThe provisions of §§ 18.2-250, 18.2-265.3, and 54.1-3466 relating to possession of a controlled substance, drug paraphernalia, and controlled paraphernalia shall not apply to any person acting on behalf or for the benefit of a comprehensive harm reduction program when such possession is incidental to the provision of services as part of a comprehensive harm reduction program established pursuant to this section.G\n\nThe provisions of §§ 18.2-250, 18.2-265.3, and 54.1-3466 relating to possession of a controlled substance, drug paraphernalia, and controlled paraphernalia shall not apply to any person receiving services from a comprehensive harm reduction program established pursuant to this section, when (i) such controlled substance is a residual amount contained in a used needle, used hypodermic syringe, or used injection supplies obtained from or returned to a comprehensive harm reduction program established pursuant to this section, or (ii) such paraphernalia is obtained from a comprehensive harm reduction program established pursuant to this section, as evidenced by the verification required pursuant to clause (vii) of subsection B.H\n\nEvery local health department or other organization operating a comprehensive harm reduction program pursuant to this section shall report annually by July 1 to the Department regarding, for the previous calendar year, (i) the number of individuals served by the comprehensive harm reduction program; (ii) the number of needles, hypodermic syringes, and other injection supplies distributed by the comprehensive harm reduction program; (iii) the number of overdose prevention kits described in clause (v) of subsection B distributed by the comprehensive harm reduction program; and (iv) the number and type of referrals to mental health or substance use disorder treatment services provided to individuals served by the comprehensive harm reduction program, including the number of individuals referred to programs that provide naloxone or other opioid antagonists approved by the U.S. Food and Drug Administration for opioid overdose reversal.I\n\nExcept in the case of a comprehensive harm reduction program established by the Commissioner, no state funds shall be used to purchase needles or hypodermic syringes distributed by a comprehensive harm reduction program established pursuant to this section.","order_by":null,"text":{"0":{"id":264659,"text":"The Commissioner or his designee may authorize the director of a local department of health, or any other organization that promotes scientifically proven methods of mitigating health risks associated with drug use and other high-risk behaviors, to establish and operate local or regional comprehensive harm reduction programs that include the provision of sterile hypodermic needles and syringes and disposal of used hypodermic needles and syringes. The objectives of such programs shall be to (i) reduce the spread of HIV, viral hepatitis, and other blood-borne diseases in the Commonwealth; (ii) reduce the transmission of blood-borne diseases through needlestick injuries to law-enforcement and other emergency personnel; (iii) provide information to individuals who inject drugs regarding addiction recovery treatment services and encourage such individuals to participate in evidence-based substance use treatment programs; (iv) prevent opioid overdose deaths through distribution of naloxone or other opioid antagonists; and (v) incentivize the safe return and disposal of hypodermic needles and syringes. Comprehensive harm reduction programs established by the Commissioner pursuant to this section shall be operated by local health departments or affiliated organizations with which the Department contracts.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":264660,"text":"A comprehensive harm reduction program established pursuant to this section shall include (i) the disposal of used hypodermic needles and syringes; (ii) the provision of hypodermic needles and syringes and other injection supplies at no cost and in quantities sufficient to ensure that needles, hypodermic syringes, and other injection supplies are not shared or reused; (iii) reasonable and adequate security of program sites, equipment, and personnel; (iv) the provision of educational materials concerning (a) substance use disorder prevention, (b) overdose prevention, (c) the prevention of transmission of HIV, viral hepatitis, and other blood-borne diseases, (d) available mental health treatment options, including referrals for mental health treatment, and (e) available substance use disorder treatment options, which shall include options for medication assisted treatment of substance use disorder, including referrals for treatment; (v) access to overdose prevention kits that contain naloxone or other opioid antagonist approved by the U.S. Food and Drug Administration for opioid overdose reversal; (vi) individual harm reduction counseling, including individual consultations regarding appropriate mental health or substance use disorder treatment; and (vii) verification that a hypodermic needle or syringe or other injection supplies were obtained from a comprehensive harm reduction program established pursuant to this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":264661,"text":"The director of a local health department or representative of any other organization authorized to establish a comprehensive harm reduction program pursuant to this section shall notify the Department, in a manner and form specified by the Department, of his intent to establish a comprehensive harm reduction program. Such notice shall include (i) the name of the local health department or organization that will operate the comprehensive harm reduction program, (ii) a description of the geographic area and population to be served by the comprehensive harm reduction program, and (iii) a description of the methods by which the comprehensive harm reduction program will comply with the requirements of subsection B, including a written security plan that provides for the reasonable and adequate security of the comprehensive harm reduction program site, equipment, and personnel.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":264662,"text":"Written security plans required pursuant to clause (iii) of subsection C shall be filed annually with each local law-enforcement agency serving the jurisdiction in which the comprehensive harm reduction program is located for their consideration.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":264663,"text":"The provisions of §§ 18.2-250, 18.2-265.3, and 54.1-3466 shall not apply to a person who dispenses or distributes hypodermic needles and syringes as part of a comprehensive harm reduction program established pursuant to this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":264664,"text":"The provisions of §§ 18.2-250, 18.2-265.3, and 54.1-3466 relating to possession of a controlled substance, drug paraphernalia, and controlled paraphernalia shall not apply to any person acting on behalf or for the benefit of a comprehensive harm reduction program when such possession is incidental to the provision of services as part of a comprehensive harm reduction program established pursuant to this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":264665,"text":"The provisions of §§ 18.2-250, 18.2-265.3, and 54.1-3466 relating to possession of a controlled substance, drug paraphernalia, and controlled paraphernalia shall not apply to any person receiving services from a comprehensive harm reduction program established pursuant to this section, when (i) such controlled substance is a residual amount contained in a used needle, used hypodermic syringe, or used injection supplies obtained from or returned to a comprehensive harm reduction program established pursuant to this section, or (ii) such paraphernalia is obtained from a comprehensive harm reduction program established pursuant to this section, as evidenced by the verification required pursuant to clause (vii) of subsection B.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":264666,"text":"Every local health department or other organization operating a comprehensive harm reduction program pursuant to this section shall report annually by July 1 to the Department regarding, for the previous calendar year, (i) the number of individuals served by the comprehensive harm reduction program; (ii) the number of needles, hypodermic syringes, and other injection supplies distributed by the comprehensive harm reduction program; (iii) the number of overdose prevention kits described in clause (v) of subsection B distributed by the comprehensive harm reduction program; and (iv) the number and type of referrals to mental health or substance use disorder treatment services provided to individuals served by the comprehensive harm reduction program, including the number of individuals referred to programs that provide naloxone or other opioid antagonists approved by the U.S. Food and Drug Administration for opioid overdose reversal.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":264667,"text":"Except in the case of a comprehensive harm reduction program established by the Commissioner, no state funds shall be used to purchase needles or hypodermic syringes distributed by a comprehensive harm reduction program established pursuant to this section.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":16047,"edition_id":1,"name":"Disease Control Measures","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13607,"metadata":{},"date_created":"2026-06-26 04:04:37","date_modified":"2026-06-26 04:04:37","permalink":{"id":201951,"object_type":"structure","relational_id":16047,"identifier":"3","token":"32.1\/2\/3","url":"\/32.1\/2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13607,"edition_id":1,"name":"Disease Prevention and Control","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201743,"object_type":"structure","relational_id":13607,"identifier":"2","token":"32.1\/2","url":"\/32.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76165,"structure_id":16047,"section_number":"32.1-42","catch_line":"Emergency rules and regulations","url":"\/32.1-42\/","token":"32.1\/2\/3\/32.1-42","metadata":false},{"id":66908,"structure_id":16047,"section_number":"32.1-42.1","catch_line":"Administration and dispensing of necessary drugs, devices and vaccines during a declared disaster or emergency","url":"\/32.1-42.1\/","token":"32.1\/2\/3\/32.1-42.1","metadata":false},{"id":78441,"structure_id":16047,"section_number":"32.1-42.2","catch_line":"Declared emergency; priority for personal protective equipment and immunization; funeral service licensees and funeral service establishment employees","url":"\/32.1-42.2\/","token":"32.1\/2\/3\/32.1-42.2","metadata":false},{"id":65793,"structure_id":16047,"section_number":"32.1-43","catch_line":"Authority of State Health Commissioner to require quarantine, etc","url":"\/32.1-43\/","token":"32.1\/2\/3\/32.1-43","metadata":false},{"id":62960,"structure_id":16047,"section_number":"32.1-44","catch_line":"Isolated or quarantined persons","url":"\/32.1-44\/","token":"32.1\/2\/3\/32.1-44","metadata":false},{"id":73376,"structure_id":16047,"section_number":"32.1-45","catch_line":"Expense of treatment","url":"\/32.1-45\/","token":"32.1\/2\/3\/32.1-45","metadata":false},{"id":71237,"structure_id":16047,"section_number":"32.1-45.1","catch_line":"Deemed consent to testing and release of test results related to infection with human immunodeficiency virus or hepatitis B or C viruses","url":"\/32.1-45.1\/","token":"32.1\/2\/3\/32.1-45.1","metadata":false},{"id":68561,"structure_id":16047,"section_number":"32.1-45.2","catch_line":"Public safety employees; 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plan enhancements","url":"\/32.1-47.1\/","token":"32.1\/2\/3\/32.1-47.1","metadata":false},{"id":69455,"structure_id":16047,"section_number":"32.1-48","catch_line":"Powers of Commissioner in epidemic","url":"\/32.1-48\/","token":"32.1\/2\/3\/32.1-48","metadata":false},{"id":78035,"structure_id":16047,"section_number":"32.1-48.001","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 472, cl. 2) Real-time information sharing for emergency medical services agencies","url":"\/32.1-48.001\/","token":"32.1\/2\/3\/32.1-48.001","metadata":false}],"previous_section":{"id":83229,"structure_id":16047,"section_number":"32.1-45.3","catch_line":"Repealed","url":"\/32.1-45.3\/","token":"32.1\/2\/3\/32.1-45.3","metadata":false},"next_section":{"id":80398,"structure_id":16047,"section_number":"32.1-46","catch_line":"Immunization of patients against certain diseases","url":"\/32.1-46\/","token":"32.1\/2\/3\/32.1-46","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-45.4\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapter 183<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2020, chapter 839<\/a>.<\/p>","references":[{"id":76941,"section_number":"54.1-3466","catch_line":"Possession or distribution of controlled paraphernalia; definition of controlled paraphernalia; evidence; exceptions","order_by":null,"url":"\/54.1-3466\/"},{"id":56147,"section_number":"54.1-3467","catch_line":"Distribution of hypodermic needles or syringes, gelatin capsules, quinine or any of its salts","order_by":null,"url":"\/54.1-3467\/"}],"refers_to":[{"id":58255,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","order_by":null,"url":"\/18.2-250\/"},{"id":71055,"section_number":"18.2-265.3","catch_line":"Penalties for sale, etc., of drug paraphernalia","order_by":null,"url":"\/18.2-265.3\/"},{"id":76941,"section_number":"54.1-3466","catch_line":"Possession or distribution of controlled paraphernalia; definition of controlled paraphernalia; evidence; exceptions","order_by":null,"url":"\/54.1-3466\/"}],"permalink":{"id":201989,"object_type":"law","relational_id":73569,"identifier":"32.1-45.4","token":"32.1\/2\/3\/32.1-45.4","url":"\/32.1-45.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-45.4\/","token":"32.1\/2\/3\/32.1-45.4","dublin_core":{"Title":"Comprehensive harm reduction programs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-45.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> or his designee may authorize the director of a local department<\/span> of health, or any other organization that promotes scientifically proven methods of mitigating health risks associated with drug use and other high-risk behaviors, to establish and operate local or regional comprehensive harm reduction programs that include the provision of sterile hypodermic needles and syringes and disposal of used hypodermic needles and syringes. The objectives of such programs shall be to (i) reduce the spread of HIV, viral hepatitis, and other blood-borne diseases in the Commonwealth; (ii) reduce the transmission of blood-borne diseases through needlestick injuries to law<\/span>-enforcement and other emergency personnel; (iii) provide information to individuals who inject drugs regarding addiction recovery treatment services and encourage such individuals to participate in evidence<\/span>-based substance use treatment programs; (iv) prevent opioid overdose deaths through distribution of naloxone or other opioid antagonists; and (v) incentivize the safe return and disposal of hypodermic needles and syringes. Comprehensive harm reduction programs established by the Commissioner<\/span> pursuant to this section shall be operated by local health departments<\/span> or affiliated organizations with which the Department<\/span> contracts<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A comprehensive harm reduction program established pursuant to this section shall include (i) the disposal of used hypodermic needles and syringes; (ii) the provision of hypodermic needles and syringes and other injection supplies at no cost and in quantities sufficient to ensure that needles, hypodermic syringes, and other injection supplies are not shared or reused; (iii) reasonable and adequate security of program sites, equipment, and personnel; (iv) the provision of educational materials<\/span> concerning (a) substance use disorder prevention, (b) overdose prevention, (c) the prevention of transmission of HIV, viral hepatitis, and other blood-borne diseases, (d) available mental health treatment<\/span> options, including referrals for mental health treatment<\/span>, and (e) available substance use disorder treatment options, which shall include options for medication assisted treatment of substance use disorder, including referrals for treatment; (v) access to overdose prevention kits that contain naloxone or other opioid antagonist approved by the U.S. Food and Drug Administration for opioid overdose reversal; (vi) individual harm reduction counseling, including individual consultations regarding appropriate mental health or substance use disorder treatment; and (vii) verification that a hypodermic needle or syringe or other injection supplies were obtained from a comprehensive harm reduction program established pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The director of a local health department<\/span> or representative of any other organization authorized to establish a comprehensive harm reduction program pursuant to this section shall notify the Department<\/span>, in a manner and form specified by the Department<\/span>, of his intent<\/span> to establish a comprehensive harm reduction program. Such notice shall include (i) the name of the local health department<\/span> or organization that will operate the comprehensive harm reduction program, (ii) a description of the geographic area and population to be served by the comprehensive harm reduction program, and (iii) a description of the methods by which the comprehensive harm reduction program will comply with the requirements of subsection B, including a written security plan that provides for the reasonable and adequate security of the comprehensive harm reduction program site, equipment, and personnel. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Written security plans required pursuant to clause (iii) of subsection C shall be filed annually with each local law<\/span>-enforcement agency serving the jurisdiction<\/span> in which the comprehensive harm reduction program is located for their consideration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of §§ 18.2-250<\/a>, 18.2-265.3<\/a>, and 54.1-3466<\/a> shall not apply to a person<\/span> who dispenses or distributes hypodermic needles and syringes as part of a comprehensive harm reduction program established pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The provisions of §§ 18.2-250<\/a>, 18.2-265.3<\/a>, and 54.1-3466<\/a> relating to possession<\/span> of a controlled substance, drug paraphernalia, and controlled paraphernalia shall not apply to any person<\/span> acting on behalf or for the benefit of a comprehensive harm reduction program when such possession<\/span> is incidental to the provision of services as part of a comprehensive harm reduction program established pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The provisions of §§ 18.2-250<\/a>, 18.2-265.3<\/a>, and 54.1-3466<\/a> relating to possession<\/span> of a controlled substance, drug paraphernalia, and controlled paraphernalia shall not apply to any person<\/span> receiving services from a comprehensive harm reduction program established pursuant to this section, when (i) such controlled substance is a residual amount contained in a used needle, used hypodermic syringe, or used injection supplies obtained from or returned to a comprehensive harm reduction program established pursuant to this section, or (ii) such paraphernalia is obtained from a comprehensive harm reduction program established pursuant to this section, as evidenced by the verification required pursuant to clause (vii) of subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Every local health department<\/span> or other organization operating a comprehensive harm reduction program pursuant to this section shall report annually by July 1 to the Department<\/span> regarding, for the previous calendar year, (i) the number of individuals served by the comprehensive harm reduction program; (ii) the number of needles, hypodermic syringes, and other injection supplies distributed by the comprehensive harm reduction program; (iii) the number of overdose prevention kits described in clause (v) of subsection B distributed by the comprehensive harm reduction program; and (iv) the number and type of referrals to mental health or substance use disorder treatment services provided to individuals served by the comprehensive harm reduction program, including the number of individuals referred to programs that provide naloxone or other opioid antagonists approved by the U.S. Food and Drug Administration for opioid overdose reversal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Except in the case of a comprehensive harm reduction program established by the Commissioner<\/span>, no state funds shall be used to purchase needles or hypodermic syringes distributed by a comprehensive harm reduction program established pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPREHENSIVE HARM REDUCTION PROGRAMS (\u00a7 32.1-45.4)\n\nA. The Commissioner or his designee may authorize the director of a local\ndepartment of health, or any other organization that promotes scientifically\nproven methods of mitigating health risks associated with drug use and other\nhigh-risk behaviors, to establish and operate local or regional comprehensive\nharm reduction programs that include the provision of sterile hypodermic needles\nand syringes and disposal of used hypodermic needles and syringes. The\nobjectives of such programs shall be to (i) reduce the spread of HIV, viral\nhepatitis, and other blood-borne diseases in the Commonwealth; (ii) reduce the\ntransmission of blood-borne diseases through needlestick injuries to\nlaw-enforcement and other emergency personnel; (iii) provide information to\nindividuals who inject drugs regarding addiction recovery treatment services and\nencourage such individuals to participate in evidence-based substance use\ntreatment programs; (iv) prevent opioid overdose deaths through distribution of\nnaloxone or other opioid antagonists; and (v) incentivize the safe return and\ndisposal of hypodermic needles and syringes. Comprehensive harm reduction\nprograms established by the Commissioner pursuant to this section shall be\noperated by local health departments or affiliated organizations with which the\nDepartment contracts.\n\nB. A comprehensive harm reduction program established pursuant to this section\nshall include (i) the disposal of used hypodermic needles and syringes; (ii) the\nprovision of hypodermic needles and syringes and other injection supplies at no\ncost and in quantities sufficient to ensure that needles, hypodermic syringes,\nand other injection supplies are not shared or reused; (iii) reasonable and\nadequate security of program sites, equipment, and personnel; (iv) the provision\nof educational materials concerning (a) substance use disorder prevention, (b)\noverdose prevention, (c) the prevention of transmission of HIV, viral hepatitis,\nand other blood-borne diseases, (d) available mental health treatment options,\nincluding referrals for mental health treatment, and (e) available substance use\ndisorder treatment options, which shall include options for medication assisted\ntreatment of substance use disorder, including referrals for treatment; (v)\naccess to overdose prevention kits that contain naloxone or other opioid\nantagonist approved by the U.S. Food and Drug Administration for opioid overdose\nreversal; (vi) individual harm reduction counseling, including individual\nconsultations regarding appropriate mental health or substance use disorder\ntreatment; and (vii) verification that a hypodermic needle or syringe or other\ninjection supplies were obtained from a comprehensive harm reduction program\nestablished pursuant to this section.\n\nC. The director of a local health department or representative of any other\norganization authorized to establish a comprehensive harm reduction program\npursuant to this section shall notify the Department, in a manner and form\nspecified by the Department, of his intent to establish a comprehensive harm\nreduction program. Such notice shall include (i) the name of the local health\ndepartment or organization that will operate the comprehensive harm reduction\nprogram, (ii) a description of the geographic area and population to be served\nby the comprehensive harm reduction program, and (iii) a description of the\nmethods by which the comprehensive harm reduction program will comply with the\nrequirements of subsection B, including a written security plan that provides\nfor the reasonable and adequate security of the comprehensive harm reduction\nprogram site, equipment, and personnel.\n\nD. Written security plans required pursuant to clause (iii) of subsection C\nshall be filed annually with each local law-enforcement agency serving the\njurisdiction in which the comprehensive harm reduction program is located for\ntheir consideration.\n\nE. The provisions of §§ 18.2-250, 18.2-265.3, and 54.1-3466 shall not\napply to a person who dispenses or distributes hypodermic needles and syringes\nas part of a comprehensive harm reduction program established pursuant to this\nsection.\n\nF. The provisions of §§ 18.2-250, 18.2-265.3, and 54.1-3466 relating\nto possession of a controlled substance, drug paraphernalia, and controlled\nparaphernalia shall not apply to any person acting on behalf or for the benefit\nof a comprehensive harm reduction program when such possession is incidental to\nthe provision of services as part of a comprehensive harm reduction program\nestablished pursuant to this section.\n\nG. The provisions of §§ 18.2-250, 18.2-265.3, and 54.1-3466 relating\nto possession of a controlled substance, drug paraphernalia, and controlled\nparaphernalia shall not apply to any person receiving services from a\ncomprehensive harm reduction program established pursuant to this section, when\n(i) such controlled substance is a residual amount contained in a used needle,\nused hypodermic syringe, or used injection supplies obtained from or returned to\na comprehensive harm reduction program established pursuant to this section, or\n(ii) such paraphernalia is obtained from a comprehensive harm reduction program\nestablished pursuant to this section, as evidenced by the verification required\npursuant to clause (vii) of subsection B.\n\nH. Every local health department or other organization operating a comprehensive\nharm reduction program pursuant to this section shall report annually by July 1\nto the Department regarding, for the previous calendar year, (i) the number of\nindividuals served by the comprehensive harm reduction program; (ii) the number\nof needles, hypodermic syringes, and other injection supplies distributed by the\ncomprehensive harm reduction program; (iii) the number of overdose prevention\nkits described in clause (v) of subsection B distributed by the comprehensive\nharm reduction program; and (iv) the number and type of referrals to mental\nhealth or substance use disorder treatment services provided to individuals\nserved by the comprehensive harm reduction program, including the number of\nindividuals referred to programs that provide naloxone or other opioid\nantagonists approved by the U.S. Food and Drug Administration for opioid\noverdose reversal.\n\nI. Except in the case of a comprehensive harm reduction program established by\nthe Commissioner, no state funds shall be used to purchase needles or hypodermic\nsyringes distributed by a comprehensive harm reduction program established\npursuant to this section.\n\nHISTORY: 2017, c. 183; 2020, c. 839.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}