SCS/HB 1620 - Under this act, a county may, by majority vote, approve of the establishment and operation of a needle and hypodermic syringe exchange program in the county. Any non-governmental entity that wants to operate such a program shall register with the Department of Health and Senior Services. Additionally such entity shall not operate an exchange program within 1,000 feet of the property boundaries of an existing public or private school, child care facility, public park, public library, public swimming pool, or public museum. The entity shall provide unused needles or syringes in exchange for used needles or syringes at a ratio no greater than one used for four unused needles or syringes. The entity shall provide program participants with certain educational information and referral services and shall educate employees and volunteers as specified in the act. The entity shall develop a security plan and provide such plan to local law enforcement, as well as report to the Department certain statistical information. Finally, the entity shall not utilize public funds for the purchase of needles, syringes, or injection supplies. This provision shall supercede and preempt any local needle or hypodermic syringe exchange program ordinance or regulation. Any employee, volunteer, or program participant of an entity registered with the Department who possesses or distributes hypodermic needles or syringes shall be exempt from the offense of unlawful distribution, delivery or sale of drug paraphernalia and the offense of unlawful manufacture of drug paraphernalia if such possession or distribution is directly related to the program and the employee, volunteer, or participant provides valid, written verification that a needle or syringe was obtained from a program operated by a registered entity. Any law enforcement officer who, in good faith, arrests or charges a person who is otherwise exempt from such charge under this act shall be entitled to civil immunity for the arrest or filing of charges. SARAH HASKINS
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