As used in this chapter:

(1) “Cooker” means a container used for mixing and heating a substance.

(2) “Division” means the Division of Substance Abuse and Mental Health.

(3) “Harm reduction” means the policies, programs, and practices that seek to reduce the adverse health, social, and economic harms associated with substance use.

(4) “Needle” means a device designed to inject, infuse, or withdraw a substance under the skin, other soft tissues or both. The term includes hypodermic needles.

(5) “Opioid antagonist” means as defined in Chapter 30G of this title.

(6) “Program” means a harm reduction program.

(7) “Secondary supply distribution” means the peer-to-peer distribution of new and sterile supplies.

(8) a. “Sexually transmitted disease barrier” means physical devices designed to prevent the transmission of sexually transmitted diseases.

b. “Sexually transmitted disease barrier” includes condoms, internal condoms, dental dams, and gloves.

(9) a. “Supplies” means objects used for injecting, ingesting, inhaling, or otherwise introducing substances into the human body.

b. “Supplies” includes needles, syringes, cookers, cotton, tourniquets, clean water, mouthpieces, filters, and straws.

(10) “Syringe” means a device designed to inject, infuse, or withdraw a substance through a fixed or attached needle.

85 Del. Laws, c. 536, § 1; 

(a) Individuals who use drugs experience a greater risk of health, social, and economic harm. It is the policy of this State to implement harm reduction strategies.

(b) Harm reduction is a pragmatic response that focuses on keeping individuals safe and minimizing death, disease, and injury associated with risky behaviors, while recognizing that the behavior may continue despite the risks. It is the policy of this State that harm reduction is an integral component of the health promotion, illness prevention, treatment, and care continuum.

(c) Individuals who use drugs are particularly vulnerable to health, social, and economic harm due to discrimination, marginalization, and stigmatization. It is the policy of this State to respect the human rights and dignity of individuals who use drugs by adhering to basic ethical principles such as fairness, beneficence, nonmaleficence, and respect for autonomy.

(d) It is the policy of this State to solicit the voluntary, meaningful participation and active engagement of individuals who use drugs in the design, development, and delivery of harm reduction strategies.

85 Del. Laws, c. 536, § 1; 

(a) Subject to this chapter, the Division may adopt regulations related to the licensing and operation of programs.

(b) Regulations adopted under this section must be evidence-based.

(c) Subject to regulations adopted under this section, a program may operate mobile components and provide peer-delivered services.

(d) The Division may coordinate with State, county, and municipal law-enforcement agencies to establish voluntary deflection and referral pathways connecting individuals to programs and behavioral health treatment services, including pathways available before and after arrest.

85 Del. Laws, c. 536, § 1; 

(a) A program must have all of the following available for distribution to participants:

(1) Sterile supplies.

(2) Sterile supplies and equipment for identifying and determining the potency of drugs and contaminants in drugs, including “drug-testing strips” as defined under § 2226 [repealed] of this title.

(3) Opioid antagonists.

(4) Sexually transmitted disease barriers.

(b) A program must provide all of the following services:

(1) Safe recovery and disposal of supplies.

(2) Infectious diseases screening, including screening for HIV and hepatitis.

(3) Basic first aid and wound care.

(4) Education and training related to all of the following:

a. Recognizing overdoses and the administration of opioid antagonists.

b. Promotion of secondary supply distribution.

c. Injection hygiene.

d. Safe disposal of supplies.

(c) A program must provide referrals for primary and behavioral health care and vaccinations.

(d) A program must assist a participant with all of the following:

(1) Transportation and housing needs.

(2) Enrollment in public benefits programs to which a participant is entitled.

85 Del. Laws, c. 536, § 1;  , § 8; 

(a) Participants are entitled to participate in a program anonymously.

(b) A program must not require a participant to provide information that could compromise the participant’s anonymity.

(c) Except if authorized in writing by a participant, a program must ensure the confidentiality of the participant’s records.

(d) Information obtained by a program related to a participant is confidential, not a “public record” as defined under § 10002 of Title 29, and not discoverable in a legal proceeding.

85 Del. Laws, c. 536, § 1; 

(a) A program must provide sterile supplies in quantities sufficient to ensure the sterile supplies are not shared or reused.

(b) A program must not require a 1-for-1 exchange of sterile supplies.

(c) A program must actively encourage secondary supply distribution.

85 Del. Laws, c. 536, § 1; 

(a) Except as otherwise provided under subsection (b) of this section, the Division may not require a program to collect data or provide reports.

(b) The Division may require a program to collect any of the following data and provide a report of that data to the Division:

(1) Data related to the operation of the program, including staffing, financial, and other operational information.

(2) Transaction-level data including any of the following:

a. Number and type of supplies distributed.

b. Number and type of used supplies received.

c. Date and time.

d. Location.

e. Participant information including gender, age, race, and ethnicity.

f. Number of people for whom the participant is obtaining supplies.

(3) Program-level data including any of the following:

a. Aggregation of data collected under this section.

b. Number of referrals.

c. Number of participants in training or other services offered by the program.

(c) Except if authorized by the Division, a program may not conduct or participate in research or behavior surveillance activities of participants, including interviews or surveys. If required by the Division to collect data under subsection (b) of this section, the program may not require participation in the collection of data as a prerequisite for obtaining services.

85 Del. Laws, c. 536, § 1; 

A person who acts under this chapter must do so in good faith and with reasonable care. Unless it is established that the person caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a person is not subject to any of the following as a result of acting under this chapter:

(1) Disciplinary or other adverse action under the professional licensing laws of this State.

(2) Criminal liability.

(3) Civil liability for damages for injuries or death.

85 Del. Laws, c. 536, § 1;