Delaware § 2226 Distribution of drug-testing strips; immunity

Delaware Statutes

§ 2226 — Distribution of drug-testing strips; immunity

Delaware·Title 16·Part Regulatory Provisions Concerning Public Health·Ch. 22 SUBSTANCE ABUSE TREATMENT ACT

(a)The purpose of this section is to expand the harm reduction strategies available in Delaware to address the epidemic level of drug overdose deaths through the provision of drug-testing strips. The provision of drug-testing strips provides an opportunity to prevent potential overdose deaths.

(b)As used in this section:

(1)“Drug” means any 1 or more of the following: a. Fentanyl. b. Xylazine.

(2)“Drug-testing strip” means a test used to determine the presence of a drug or drug-related substance.

(3)“Person” means an individual or legal entity that provides a drug-testing strip to an individual who uses drugs to reduce the likelihood of the individual experiencing harm.

(c)[Repealed.]

(d)Subject to subsection (e) of this section, a person may provide a drug-testing strip to

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(a) The purpose of this section is to expand the harm reduction strategies available in Delaware to address the epidemic level of drug overdose deaths through the provision of drug-testing strips. The provision of drug-testing strips provides an opportunity to prevent potential overdose deaths.

(b) As used in this section:

(1) “Drug” means any 1 or more of the following:

a. Fentanyl.

b. Xylazine.

(2) “Drug-testing strip” means a test used to determine the presence of a drug or drug-related substance.

(3) “Person” means an individual or legal entity that provides a drug-testing strip to an individual who uses drugs to reduce the likelihood of the individual experiencing harm.

(c) [Repealed.]

(d) Subject to subsection (e) of this section, a person may provide a drug-testing strip to an individual.

(e) A person providing a drug-testing strip to an individual under this section must do so in good faith and with reasonable care.

(f) Except if the person wilfully, wantonly, recklessly, or by gross negligence causes injuries or death, a person providing a drug-testing strip to an individual under this section is not subject to civil damages exceeding the limit of an applicable insurance policy.

(g) Nothing in this section is intended to waive the State’s sovereign immunity or the privileges and immunities under Chapter 40 of Title 10.

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