                                 CODE OF VIRGINIA

COMPREHENSIVE HARM REDUCTION PROGRAMS (§ 32.1-45.4)

A. 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.

B. 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.

C. 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.

D. 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.

E. The provisions of &#xA7;&#xA7; 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. The provisions of &#xA7;&#xA7; 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. The provisions of &#xA7;&#xA7; 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. 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.

I. 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.

HISTORY: 2017, c. 183; 2020, c. 839.