B001-9899
10 AN ACT concerning 20 Local HIV Prevention Initiative FOR the purpose of authorizing1 with certain exceptions, counties to establish an AIDS prevention sterile needle and syringe exchange program; specifying the goals and objectives of a needle exchange program; specifying the duties and responsibilities of the director of the needle exchange program under this Act; providing for the appointment of a certain advisory committee; specifying membership, duties, and responsibilities of an advisory committee; providing certain immunities for certain persons; restricting the disclosure or release of certain program information; and generally relating to the authorization for the establishment of a local needle exchange program in each county. BY adding to Article - Health - Genera] Section 24-901 through 24-909 to be under the new subtitle "Subtitle 9. Statewide Local Needle Exchange program;" Annotated Code of Maryland (1996 Replacement Volume and 1997 Supplement) SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Laws of Maryland read as follows 190 Article - Health - General 200 SUBTITLE 9. STATEWIDE LOCAL NEEDLE EXCHANGE PROGRAM 210 2~9Ol (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (B) "CHIEF EXECUTIVE OFFICER" MEANS THE CHIEF EXECUTIVE OFFICER OF A COUNTY OR, 'F THE COUNTY DOES NOT ELECT A CHIEF EXECUTIVE OFFICEW THE PRESIDING OFFICER OF THE LOCAL GOVERNING BODY. (C) "HIV" MEANS THE HUIAN IMIUNODEFICIENCY VIRUS THAT CAUSES ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) 300 (D) "PARTICIPANT" MEANS AN INDIVIDUAL WHO HAS REGISTERED 310 WITH THE PROGRAM (E) "PROGRAM" MEANS THE AIDS PREVENTION STERILE NEEDLE AND SYRINGE EXCHANGE PROGRAM. (F) "RESIDUE" MEANS THE DRIED REMAINS OF A CONTROLLED DANGEROUS SUBSTANCE ATTACHED TO OR CONTAINED WITHIN A HYPODERMIC NEEDLE OR SYRINGE 370 2~9O2 (A) (1) A COUNTY MAY ESTABLISH AN AIDS PREVENTION STERILE NEEDLE AND SYRINGE EXCHANGE PROGRAM, SUBJECT TO THE PROVISIONS OF THIS SUBTITLE 410 (2) BALTIMORE CITY IS EXEMPT FROM THE PROVISIONS OF THIS 420 SUB TITLE: 430 (B) THE PROGRAM SHALL (1) PROVIDE FOR THE ONE-FOR-ONE EXCHANGE BY PARTICIPANTS OF USED HYPODERMIC NEEDLES AND SYRINGES FOR STERILE HYPODERMIC NEEDLES AND SYRINGES, AND (2) OPERATE IN ACCORDANCE WITH THE PROCEDURES APPROVED, WITH THE APPROVAL OF THE ADVISORY COMMITTEE. BY THE COUNTY HEALTH OFFICER. 510 2~9O3 520 THE PROGRAM SHALL (1) BE DESIGNED AND MAINTAINED TO PROVIDE MAXMUM SECURITY OF EXCHANGE LOCATIONS AND EQUIPMENT, INCLUDING SECURITY MEASURES THAT MAY BE REQUIRED TO CONTROL THE USE AND DISPERSAL OF HYPODERMIC NEEDLES AND SYRINGES AND SECURITY MEASURES THAT ALLOW FOR A FULL ACCOUNTING OF THE NUMBER OF HYPODERMIC NEEDLES AND SYRINGES IN CIRCUL~ON AND THE NUMBER OF HYPODERMIC NEEDLES AND SYRINGES IN STORAGE 620 (2) BE OPERATED TO ALLOW PARTICIPANTS TO EXCHANGE 630 USED HYPODERMIC NEEDLES AND SYRINGES AT ANY 640 EXCHANGE LOCATION, IF MORE THAN ONE LOCATION IS 650 AVAILABLE. (3) INCLUDE APPROPRIATE LEVELS OF STAFF EXPERTISE IN WORKING WITH INJECTING DRUG USERS AND ADEQUATE STAFF TRAINING IN PROVIDING COMMUNITY REFERRALS, COUNSELING, AND PREVENTIVE EDUCATION, (4) PROVIDE FOR THE DISSEMINATION OF OTHER PREVENTIVE MEANS FOR CURTAILING THE SPREAD OF THE HIV INFECTION, (5) PROVIDE REFERRALS TO DRUG COUNSELING AND TREATMENT SERVICES (6) EDUCATE INJECTING DRUG USERS ON THE DANGERS OF CONTRACTING THE HIV INFECTION OR THE HEPAT~S B VIRUS THROUGH NEEDLE-SHARING PRACTICES AND UNSAFE SEXUAL BEHAVIORS, (7) INCLUDE POLICIES AND PROCEDURES FOR THE SCREENING OF APPLICANTS TO THE PROGRAM IN ORDER TO PRECLUDE NONINJECTING DRUG USERS FROM PARTICIPATING IN THE PROGRAM, (8) ESTABLISH PROCEDURES FOR IDENTIFYING PROGRAM PARTICIPANTS THAT ARE CONSISTENT WITH THE CONFIDENTIALITY PROVISIONS OF THIS SUBTITLE, AND (9) ESTABLISH A METHOD OF IDENTIFICATION AND AUTHORIZATION FOR PROGRAM STAPF MEMBERS WHO HAVE ACCESS TO HYPODERMIC NEEDLES, SYRINGES, OR PROGRAM RECORDS. 890 24-904 (A) THE CHIEF EXECUTIVE OFFICER OR THE CHIEF EXECUTIVE OFFICER'S DESIGNEE SHALL APPOINT AN ADVISORY COMMITTEE FOR THE PROGRAM. 930 (B) THE ADVISORY COMMITTEE SHALL CONSIST OF: 950 NOMINATED BY THE SECRETARY OF THE DEPARTMENT OF 960 PUBLIC SAFETY AND CORRECTIONAL SERVICES; (2) ONE REPRESENTATIVE FROM THE LOCAL LAW ENFORCEMENT AGENCY. (3) ONE REPRESENTATIVE FROM THE DEPARTMENT OF HEALTH AND MENTAL HYGWNE NOMINATED BY THE SECRETARY OF HEALTH AND MENTAL HYGIENE, 1020 (4) ONE REPRESENTATIVE OF AN AIDS ADVOCACY GROUP; 1030 (5) ONE DRUG ABUSE TREATMENT COUNSELOR, AND 1040 (6) ONE RECOVERING INJECTING DRUG USER. 1050 (C) IN ADDITION THE ADVISORY COMMITTEE MAY CONSIST OF: 1060 (1) TWO REPRESENTATIVES FROM ACADEMIA WHO SPECIALIZE 1070 IN PUBLIC HEALTH ISSUES; 1080 (2) ONE REPRESENTATIVE OF A COUNTY CO~~NITY GROUP, 1090 AND 1100 (3) OTHER INDIVIDUALS WHOM THE CHIEF EXECUTIVE 1110 OFFICER OR THE CHIEF EXECUTIVE OFFICER'S DESIGNEE 1120 DETERMINES TO BE APPROPRIATE FOR APPOINTMENT TO THE 1130 ADVISORY COMMITTEE. 1140 (1)) THE ADVISORY COMMITTEE SHALL (1) PROVIDE ADVICE TO THE COUNTY HEALTH OFFICER AND THE PROGRAM DIRECTOR ON DEVELOPING: (I) PROGRAM OPERATING PROCEDURES FOR THE FURNISHING, IDENTIFYING, AND ONE-FOR-ONE EXCHANGE OF HYPODERMIC NEEDLES AND SYRINGES TO INJECTING DRUG USERS; 1210 (II) A PLAN FOR COMMITY OU'REACH AND EDUCATION; 1220 (III) A PROTOCOL FOR REFERRING PROGRAM 1230 PARTICIPANTS TO SUBSTANCE ABUSE TREATMENT AND 1240 REHABILIT~ON; AND 1250 (IV) A PLAN FOR EVALUATING THE PROGRAM, 1260 1270 1280 (2) BEFORE THE PROGRAM BEGINS OPERATING, REVIEW AND MAAE A RECOMMENDATION TO THE COUNTY HEALTH OFFICER FOR THE APPROVAL OR DISAPPROVAL OF: (I) THE PROGRAM OPERATING PROCEDURES FOR THE FURNISHING AND ONE-FOR-ONE EXCHANGE OF HYPODERMIC NEEDLES AND SYRINGES TO INJECTING DRUG USERS; 1330 (II) THE COMMUNITY OUTREACH AND EDUCATION PLAN; (III) THE PROTOCOL FOR REFERRING PROGRAM PARTICIPANTS TO SUBSTANCE ABUSE TREATMENT AND REIIABILITATION; AND 1370 (IV) THE PLAN FOR EVALUATING THE PROGRAM; AND (3) MAKE RECOMMENDATIONS TO THE PROGRAM DIRECTOR OR THE COUNTY HEALTH OFFICER REGARDING ANY ASPECT OF PROGRAM PROCEDURES, OPERATION, OR EVALUATION THE COUNTY HEALTH OFFICER SHALL APPOINT A DIRECTOR FOR THE PROGRAM WITH THE ADVICE OF THE ADVISORY COMMITTEE, THE DIRECTOR SHALL DEVELOP: 1410 24-905 1420 (A) 1430 1440 (B) 1450 1460 (1) PROGRAM OPERATING PROCEDURES FOR THE FURNISHING 1470 AND ONE-FOR-ONE EXCHANGE OF HYPODERMIC NEEDLES 1480 AND SYRINGES TO INJECTING DRUG USERS, 1490 (2) A COMMUI~TY OURREACH AND EDUCATION PROGRAM, AND 1500 1510 (3) A PROTOCOL FOR REFERRING PROGRAM PARTICIPANTS TO SUBSTANCE ABUSE TREATMENT AND REHABILITATION THE DIRECTOR SHALL SUBMIT THE OPERATING PROCEDURES, THE PLAN FOR A COMMIINITY OUTREACH AND EDUCATION PROGRAM, AND THE SUBSTANCE ABUSE TREATMENT REFERRAL PROTOCOL TO THE COUNTY HEALTH OFFICER FOR APPROVAL PRIOR TO IMPLEMENTATION 1520 (C) 1570 2~9O6 1580 (A) 1590 1600 THE COUNTY HEALTH OFFICER SHALL INCLUDE IN THE PROGRAM OPERATING PROCEDURES MEASURES TO COLLECT THE FOLLOWING DATA: 1610 (1) THE NUMBER OF PARTICIPANTS SERVED BY THE PROGRAM, 1620 (2) THE LENGTH OF TIME A PARTICIPANT IS SERVED BY THE 1630 PROGRAM, 1640 (3) DEMOGRAPHIC PROFILES OF PARTICIPANTS SERVED BY THE 1650 PROGRAM THAT INCLUDE: 1660 (I) AGE; 1670 (II) SEX; 1680 (III) RACE; 1690 (IV) OCCUPATION; 1700 (V) ZIP CODE OF RESIDENCE; 1710 (VI) TYPES OF DRUGS USED; 1720 (VII) LENGTH OF DRUG USE, AND 1730 (VIII) FREQUENCY OF INJECTION; 1740 1750 (4) THE NUMBER OF HYPODERMIC NEEDLES AND SYRINGES EXCHANGED, AND 1760 1770 (5) THE NUMBER OF PARTICIPANTS ENTERING DRUG COUNSELING AND TREATMENT 1780 1790 1800 1810 1820 ~) WITH THE ADVICE OF THE ADVISORY COMMITTEE, THE COUNTY HEALTH OFFICER SHALL DEVELOP AND IMPLEMENT A PLAN FOR PROGRAM EVALU~ON AS APPROPRIATE BASED ON THE PREVAILING KNOWLEDGE AT THE TIME. THE PLAN MAY INCLUDE 1830 (1) REPORTED CHANGES IN THE LEVEL OF DRUG USE 1840 AMONG PROGRAM PARTICIPANTS; 1850 (2) REPORTED CHANGES IN THE LEVEL OF 1860 NEEDLE-SHARING AMONG PROGRAM PARTICIPANTS'. 1890 (3) REPORTED CHANGES IN THE USE OF CONDOMS AMONG 1900 PROGRAM PARTICIPANTS, AND 1910 (4) THE ADVISABILITY OF CONTINUING THE PROGRAM 1920 2~9O7 1930 1940 (A) (1) EACH PROGRAM PARTICIPANT SHALL BE ISSUED AN IDENTIFICATION CARD WITH AN IDENTIFICATION NUMBER 1950 (2) THE IDENTIFICATION NUMBER SHALL BE CROSS-INDEXED 1960 TO A CONFIDENTIAL RECORD CONTAINING PERTINENT DATA 1970 ON THE PARTICIPANT 1980 SUBJECT TO THE PROVISIONS OF SUBSECTION (C) OF THIS 1990 SECTION, ANY INFORMATION OBTAINED BY THE PROGRAM THAT 2000 WOULD IDENTIFY PROGRAM PARTICIPANTS, INCLUDING PROGRAM 2010 RECORDS, IS 2020 (1) CONFIDENTIAL, 2030 (2) NOT OPEN TO PUBLIC INSPECTION OR DISCLOSURE; AND 2040 2050 (3) NOT DISCOVERABLE IN ANY CRIMINAL OR CIVIL PROCEEDING. (1) UPON THE WRITTEN CONSENT OF A PROGRAM PARTICIPANT, INFORMATION OBTAINED BY THE PROGRAM THAT IDENTIFIES THE PROGRAM PARTICIPANT MAY BE RELEASED OR DISCLOSED TO A PERSON OR AGENCY PARTICIPATING IN THE PROGRAM 2060 (C) 2070 2080 2090 2100 2110 (2) IN ADDITION TO THE PROVISIONS OF PARAGRAPH (1) 2120 OF THIS SUBSE~ON, IF A PROGRAM PARTICIPANT RAISES 2130 THE ISSUE OF PARTICIPATION IN THE PROGRAM EITHER AS A 2140 SUBJECT MATTER OR LEGAL DEFENSE IN AN 2150 ADMINISTRATIVE, CIVIL, OR CRIMINAL PROCEEDING, THE 2160 PROGRAM PARTICIPANT WMVES THE CONFIDENTIALITY AS 2170 TO IDENTITY PROVIDED UNDER SUBSECTION ~)(1) OF THIS 2180 SECTION. 2190 24-908 2200 (A) SUBJECT TO THE PROVISIONS OF SUBSE~ON (13) OF THIS SECTION, A PROGRAM STAFF MEMBER OR PROGRAM PARTICIPANT MAY NOT BE FOUND GUILTY OF VIOLATING ARTICLE 27, ¤ 287, ¤ 287A, OR ~ 288 OF THE CODE FOR POSSESSING OR DISTRIBUTING CONTROLLED PARAPHERNALIA OR DRUG PARAPHERNALIA WHENEVER THE POSSESSION OR DISTRIBUTION OF THE CONTROLLED PARAPHERNALIA OR DRUG PARAPHERNALIA IS A DIRECT RESULT OF THE EMPLOYEE'S OR PARTICIPANT'S ACTIVITIES IN CONNECTION WITH THE WORK OF THE PROGRAM AUTHORIEED UNDER THIS SUBTITLE A PROGRAM STAFF MEMBER OR PROGRAM PARTICIPANT IS NOT IMME FROM CRMIINAL PROSEC~ON FOR: 2320 (1) THE REDISTRIBUTION OF HYPODERMIC NEEDLES OR 2330 SYRINGES IN ANY FORM, 2340 2350 (2) ANY ~VITIES NOT AUTHORIZED OR APPROVED BY THE PROGRAM; OR 2360 2370 2380 (3) THE POSSESSION OR DISTRIBUTION OF CONTROLLED PARAPHERNALIA OR DRUG PARAPHERNALIA OR ANY OTHER UNLAWFUL ACTIVITY OUTSIDE OF THE COUNTY LIMITS 2390 24-909 EXCEPT FOR VIOLATIONS OF ANY LAWS THAT COULD ARISE FROM RESIDUE ATTACHED TO OR CONTAINED WITHIN HYPODERMIC NEEDLES, SYRINGES BEING RETURNED OR ALREADY RETURNED TO THE PROGRAM, NOTHING IN THIS SUBTIThE MAY BE CONSTRUED TO PROVIDE IMMNITY TO A PROGRAM STAFF MEMBER OR PROGRAM P~CIPANT FROM C~NAL PROSECUTION FOR A VIOLATION OF ANY LAW PROHIBITING OR REGULATING THE USE, POSSESSION, DISPENSING, DISTRIB~ON, OR PROM~ON OF CONTROLLED DANGEROUS SUBSTANCES, DANGEROUS DRUGS, DETRIMENTAL DRUGS, OR HARMFUL DRUGS OR ANY CONSPIRACY OR ATTEMPT TO COMMIT ANY OF THOSE OFFENSES. 2500 2510 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect on October 1, 1998 Sponsor: UMBC DELEGATION http://sta.umbc.edu/~msl/