§ 23-01-44 — Syringe or needle exchange program - Authorization

1. As used in this section:
a. "Program" means a syringe exchange program established and operated under
this section.
b. "Qualified entity" means:
(1) A local health department;
(2) A city that operates a program within the boundaries of the city; or
(3) An organization that has been authorized to operate a program by the
department of health and human services, the board of county
commissioners, or the governing body for the operation of a program within
the boundaries of the city.
c. "Supplies" include needles, syringes, sterile disposal preparation spoons, cotton,
sterile filters, alcohol wipes, sterile water, saline, tourniquets, disposal containers,
wound care, testing strips, naloxone, and other items recognized as supporting
safe drug use.
2. The department of health and human services shall design and administer a syringe
exchange program.
3. The department of health and human services may authorize a qualified entity to
operate a program in a county if:
a. The area to be served is at risk of an increase or potential increase in prevalence
of viral hepatitis or human immunodeficiency virus;
b. A syringe exchange program is medically appropriate as part of a comprehensive
public health response; and
c. The qualified entity conducted a public hearing and submitted a report of the
findings and an administration plan for the program to the department of health
and human services.
4. A qualified entity operating a program under this chapter shall:
a. Register the program annually in the manner prescribed by the department of
health and human services;
b. Have a pharmacist, physician, or advanced practice registered nurse who is
licensed in the state to provide oversight for the program;
c. Store and dispose of all syringes, needles, and supplies collected in a safe and
legal manner;
d. Provide education and training on drug overdose response and treatment,
including the administration of an overdose reversal medication;
e. Provide education, referral, and linkage to human immunodeficiency virus, viral
hepatitis, and sexually transmitted disease prevention, treatment, and care
services;
f. Provide addiction treatment information and referrals to drug treatment programs,
including programs in the local area and programs that offer medication-assisted
treatment that includes a federal food and drug administration approved

long-acting, non-addictive medication for the treatment of opioid or alcohol use
disorder;
g. Provide syringe, needle, supply, and injection supply distribution and collection
without collecting or recording personally identifiable information;
h. Operate in a manner consistent with public health and safety; and
i. Ensure the program is medically appropriate and part of a comprehensive public
health response.
5. The department of health and human services may terminate a program for failure to
comply with any of the provisions in this section.
6. A state agency may not provide general fund moneys to a program to purchase or
otherwise acquire hypodermic syringes, needles, or injection supplies for a program
under this section.
7. A law enforcement officer may not stop, search, or seize an individual based on the
individual's participation in a program under this section. Syringes, needles, and
supplies appropriately collected under this section are not considered drug
paraphernalia as provided in chapter 19-03.4 or possession of a controlled substance
under section 19-03.1-23.
8. Each program shall file a semiannual report with the department of health and human
services containing the following information listed on a daily basis and by location,
identified by the postal zip code, where the program distributed and collected syringes,
needles, and supplies:
a. The number of individuals served;
b. The number of syringes, needles, and supplies collected;
c. The number of syringes and needles distributed; and
d. Any additional information requested by the department of health and human
services.