In this subtitle the following words have the meanings indicated.
“Commissioner of Health” means the Baltimore City Commissioner of Health.
“HIV” means the human immunodeficiency virus that causes acquired immune deficiency syndrome (AIDS).
“Participant” means an individual who has registered with the Program.
“Program” means the HIV Prevention Syringe Services Program.
“Residue” means the dried remains of a controlled dangerous substance attached to or contained within a hypodermic needle or syringe.
There is an HIV Prevention Syringe Services Program in the Baltimore City Health Department.
The Program shall:
Distribute syringes and provide for the exchange by participants of used hypodermic needles and syringes for sterile hypodermic needles and syringes as needed; and
Operate in accordance with the procedures approved, with the advice and approval of the oversight committee, by the Commissioner of Health.
The Program shall:
Be designed and maintained to provide security measures and processes required to safely distribute hypodermic needles and syringes and account for the number of hypodermic needles and syringes exchanged and distributed by the Baltimore City Health Department and the number of hypodermic needles and syringes in storage;
Be operated to allow participants to exchange used hypodermic needles and syringes at available mobile syringe services sites;
Include appropriate levels of staff expertise in working with injecting drug users and adequate staff training in providing community service provider referrals, counseling, and preventive education;
Provide for the dissemination of other preventive means for decreasing the risk of HIV transmission;
Provide referrals to drug counseling and treatment services, and follow–up to those referrals to assure that participants receive the treatment they desire;
Educate injecting drug users on the risk of transmitting HIV or the hepatitis B virus through high–risk needle–sharing practices and sexual behaviors;
Include policies and procedures for the screening of applicants to the Program in order to preclude noninjecting drug users from participating in the Program; and
Implement procedures for identifying Program participants that are consistent with the confidentiality provisions of this subtitle.
The Mayor of Baltimore City shall appoint an oversight committee for the Program.
The oversight committee shall consist of:
One representative from academia who specializes in public health issues;
One representative from law enforcement;
One representative from the Maryland Department of Health;
One representative of a Baltimore City community group;
One representative of an HIV advocacy group;
One addiction treatment counselor;
One recovering injecting drug user; and
Up to three other individuals whom the Baltimore City Health Department determines to be appropriate for appointment to the oversight committee.
The oversight committee shall:
Provide advice to the Commissioner of Health and the Program Director on developing and revising as necessary:
Program operating procedures for the distribution and exchange of hypodermic needles and syringes to injecting drug users;
A plan for community outreach and education;
A protocol for providing referrals for Program participants to addiction treatment and rehabilitation; and
A plan for evaluating the Program; and
Provide ongoing oversight of the Program and make recommendations to the Program Director or the Commissioner of Health regarding any aspect of Program procedures, operation, or evaluation.
The Commissioner of Health shall appoint a Director for the Program.
With the advice of the oversight committee, the Director shall develop and revise as necessary:
Program operating procedures for the distribution and exchange of hypodermic needles and syringes to injecting drug users;
A community outreach and education program; and
A protocol for providing referrals for Program participants to substance use treatment and rehabilitation.
The Director shall submit the operating procedures, the plan for a community outreach and education program, and the substance use treatment referral protocol to the Commissioner of Health or the Commissioner’s designee for approval prior to the implementation of revised procedures.
The Baltimore City Health Department shall include in its Program operating procedures measures to collect the following data:
The number of participants served by the Program;
The length of time a participant is served by the Program;
Demographic profiles of participants served by the Program that include:
Age;
Sex;
Race; and
Zip code of residence;
The number of hypodermic needles and syringes exchanged;
The number of participants referred to addiction treatment; and
The number of referrals made by the Program for addiction treatment for people who inject drugs.
With the advice of the oversight committee, the Baltimore City Health Department shall develop and implement a plan for Program evaluation that shall include the following issues:
The estimated prevalence and incidence of HIV among Program participants;
The strengths and weaknesses of the Program; and
The advisability of continuing the Program.
As part of its plans for data collection and Program evaluation described under subsections (a) and (b) of this section, the Baltimore City Health Department shall develop and implement a methodology to collect returned needles and syringes and send them to the Rapid Analysis of Drugs program operated by the Center for Harm Reduction at the Maryland Department of Health.
On or before December 31 of each year, the Baltimore City Health Department shall report to the oversight committee, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the number of hypodermic needles and syringes exchanged as part of the Program.
Each Program participant shall be issued an identification card with an identification number.
The identification number shall be cross-indexed to a confidential record containing pertinent data on the participant.
Any information obtained by the Program that would identify Program participants, including Program records, is:
Confidential;
Not open to public inspection or disclosure; and
Not discoverable in any criminal or civil proceeding.
Notwithstanding the provisions of subsection (b) of this section, 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.
In addition to the provisions of paragraph (1) of this subsection, if a Program participant raises the issue of participation in the Program either as a subject matter or legal defense in an administrative, civil, or criminal proceeding, the Program participant waives the confidentiality as to identity provided under subsection (b)(1) of this section.
No Program staff member or Program participant may be found guilty of violating § 5–601, § 5–619, § 5–620, § 5–902, or § 5–904 of the Criminal Law Article 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 authorized under this subtitle.
Except for violations of any laws that could arise from residue attached to or contained within hypodermic needles or syringes being returned or already returned to the Program, this subtitle does not provide immunity to a Program staff member or Program participant from criminal prosecution for a violation of any law prohibiting or regulating the use, possession, dispensing, distribution, or promotion of illicit drugs.