House 3159

WEST VIRGINIA LEGISLATURE

2025 REGULAR SESSION

Introduced

House Bill 3159

By Delegate Flanigan

[Introduced March 05, 2025; referred to the Committee on Health and Human Resources]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §16-64A-1, §16-64A-2, §16-64A-3, and §16-64A-4; and to repeal §16-64-1, §16-64-2, §16-64-3, §16-64-4, §16-64-5, §16-64-6, §16-64-7, §16-64-8, §16-64-9, and §16-64-10, relating to syringe service programs; providing definitions; establishing syringe service programs are unlawful; authorizing harm reduction services and care transition; providing an effective date; and creating civil penalties..

Be it enacted by the Legislature of West Virginia:

ARTICLE 64A. SYRINGE SERVICE PROGRAM UNLAWFUL.

§16-64A-1. Definitions.

As used in this article:

"Director" means the director of the Office of Health Facility Licensure and Certification.

"Harm reduction program" means a program that provides services intended to lessen the adverse consequences of drug use and to protect public health and safety, by providing direct access for a referral to substance use disorder treatment programs, screenings, vaccinations, education about overdose prevention, wound care, opioid antagonist distribution and education, and other medical services.

"Syringe services program" means a program, whether offered by a private individual or a provider, where a person can access sterile syringes or needles and other injection paraphernalia without a prescription.

§16-64A-2. Syringe Service Program Unlawful.

(a) Syringe services programs shall be considered unlawful in the State of West Virginia; and

(b) An owner, operator, or other individual providing syringe service programs in the State of West Virginia shall cease and desist operations of the syringe services program on the effective date of this article.

§16-64A-3. Harm reduction services and care transition.

(a) An owner, operator, or individual may offer harm reduction services after the effective date of this article: Provided, That the owner, operator or individual does not offer a syringe services program.

(b) Notwithstanding the provisions of this article, a syringe services program may remain open for an administrative transition timeframe of 120 days after the effective date of this article, to assist patients in the transition of care. In no event may any patient be provided any syringe exchange service during this administrative timeframe.

§16-64A-4. Civil penalties and injunctive relief.

(a) If an owner, operator, or other individual operates a syringe services program after the effective date, the Director shall impose a civil money penalty upon the owner, operator, or individual not to exceed $2,500 per day.

(b) The Office of Health Facilities Licensure and Certification may seek injunctive relief to enforce the provisions of this article.

ARTICLE 64. SYRINGE SERVICES PROGRAMS.

§16-64-1. Definitions.

[Repealed.]

§16-64-2. Application for license to offer a syringe services program.

[Repealed.]

§16-64-3. Program requirements.

 [Repealed.]

§16-64-4. Procedure for revocation or limitation of the syringe services programs.

[Repealed.]

§16-64-5. Administrative due process.

 [Repealed.]

§16-64-6. Administrative appeals and judicial review.

 [Repealed.]

§16-64-7. Reporting requirements; renewal; rulemaking.

 [Repealed.]

§16-64-8. Immunity.

 [Repealed.]

§16-64-9. Civil penalties and injunctive relief.

[Repealed.]

§16-64-10. Coordination of care.

 [Repealed.]

NOTE: The purpose of this bill is to make syringe service programs unlawful and replace syringe service programs with harm reduction service program.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.