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 §§ 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 §§ 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 §§ 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.
2017, c. 183; 2020, c. 839.
Structure Code of Virginia
Chapter 2 - Disease Prevention and Control
§ 32.1-35. List and reports of diseases and dangerous microbes and pathogens
§ 32.1-35.1. Information on health care-associated infections
§ 32.1-36. Reports by physicians and laboratory directors
§ 32.1-37. Reports by persons other than physicians
§ 32.1-37.01. Posting of information about cases of communicable disease of public health threat
§ 32.1-37.1. Report of diseases infecting dead human bodies
§ 32.1-38. Immunity from liability
§ 32.1-39. Surveillance and investigation
§ 32.1-40. Authority of Commissioner to examine medical records
§ 32.1-41. Anonymity of patients and practitioners to be preserved in use of medical records
§ 32.1-42. Emergency rules and regulations
§ 32.1-43. Authority of State Health Commissioner to require quarantine, etc.
§ 32.1-44. Isolated or quarantined persons
§ 32.1-45. Expense of treatment
§ 32.1-45.4. Comprehensive harm reduction programs
§ 32.1-46. Immunization of patients against certain diseases
§ 32.1-46.01. Virginia Immunization Information System
§ 32.1-46.02. Administration of influenza vaccine to minors
§ 32.1-46.2. Certain testing or determination of low risk for elevated blood-lead levels required
§ 32.1-47. Exclusion from school of children not immunized
§ 32.1-47.1. Vaccination of children; plan enhancements
§ 32.1-48. Powers of Commissioner in epidemic
§ 32.1-48.03. Petition for hearing; temporary detention
§ 32.1-48.04. Isolation hearing; conditions; order for isolation; right to appeal
§ 32.1-48.07. Conditions for invoking the provisions of this article
§ 32.1-48.08. Declaration of quarantine
§ 32.1-48.09. Order of quarantine
§ 32.1-48.010. Appeal of any order of quarantine
§ 32.1-48.012. Isolation order
§ 32.1-48.013. Appeal of any order of isolation
§ 32.1-48.013:1. Electronic filings as protection from communicable disease
§ 32.1-48.014. Enforcement of orders of quarantine or isolation; penalties
§ 32.1-48.015. Authorization to disclose health records
§ 32.1-48.016. Immunity from liability
§ 32.1-48.017. Use of public or private property or facilities
§ 32.1-48.2. Regulation of Commissioner requiring vaccination or inoculation of dogs
§ 32.1-48.3. Regulations of Commissioner covering local ordinances and requirements
§ 32.1-48.4. Commissioner to cooperate with local governing bodies and agencies
§ 32.1-49. Tuberculosis required to be reported
§ 32.1-53. Facilities and contracts for treatment of tuberculosis patients
§ 32.1-54. Commissioner authorized to charge patients for care
§ 32.1-55.1. Anonymous testing sites for human immunodeficiency virus
§ 32.1-56. Information to be provided patients
§ 32.1-57. Examination, testing and treatment; failure to comply with order of examination
§ 32.1-58. Persons convicted of certain crimes to be examined, tested and treated
§ 32.1-59. Examination and treatment in certain institutions
§ 32.1-60. Prenatal tests required
§ 32.1-62. Procedure upon infant's birth
§ 32.1-63. Duty of physician, midwife or nurse noting ophthalmia neonatorum
§ 32.1-64. Duty of Board to provide for treatment
§ 32.1-64.1. Virginia Hearing Loss Identification and Monitoring System
§ 32.1-65. Certain newborn screening required
§ 32.1-65.1. Critical congenital heart defect screening test required
§ 32.1-66. Commissioner to notify physicians; reports to Commissioner
§ 32.1-67. Duty of Board for follow-up and referral protocols; regulations
§ 32.1-67.1. Confidentiality of records; prohibition of discrimination
§ 32.1-69. Records confidential; disclosure of results of screening
§ 32.1-69.1. Virginia Congenital Anomalies Reporting and Education System
§ 32.1-69.1:1. Dissemination of information regarding birth defects
§ 32.1-69.3. Virginia Cord Blood Bank Initiative established
§ 32.1-69.4. Publication of information regarding cord blood education
§ 32.1-70.2. Collection of cancer case information by the Commissioner
§ 32.1-71.01. Penalties for unauthorized use of statewide cancer registry
§ 32.1-71.02. Notification of cancer patients of statewide cancer registry reporting
§ 32.1-73. Failure to comply with provisions; grounds for revocation of license or permit
§ 32.1-73.5. Comprehensive statewide asthma management plan
§ 32.1-73.6. Implementation of state asthma management programs
§ 32.1-73.7. Department to be lead agency for youth suicide prevention
§ 32.1-73.8. Youth health risk behavior survey
§ 32.1-73.10. Advisory Council; report
§ 32.1-73.11. (Continued pursuant to Acts 2022, Sp. S. I, c. 2, item 299 D) Sunset
§ 32.1-73.12. Department to be lead agency for services for substance-exposed infants
§ 32.1-73.14. Rare Disease Council; purpose
§ 32.1-73.15. Powers and duties of the Council
§ 32.1-73.16. Membership; terms; quorum; meetings; staffing
§ 32.1-73.17. Rare Disease Council Fund
§ 32.1-73.18. Renal Disease Council; purpose