(1) Notwithstanding any provision of law to the contrary:
(a)  An entity may operate a syringe and needle exchange program in this state if such entity complies with the provisions of this section and with rules promulgated by the department;
(b)  An entity may procure supplies needed to operate a syringe and needle exchange program in this state if such entity complies with the provisions of this section and with rules promulgated by the department; and
(c)  An entity may supply a syringe and needle exchange program with materials necessary to operate the program if such entity complies with rules promulgated by the department.
(2)  An entity operating a syringe and needle exchange program must:
(a)  Facilitate the exchange of used syringes or needles for new syringes or needles in sealed sterile packaging; and
(b)  Ensure that the recipient of a new syringe or needle is given verbal and written instruction on:
(i)   Methods for preventing the transmission of blood-borne diseases, including hepatitis C and human immunodeficiency virus; and
(ii)  Options for obtaining:
1.  Services for the treatment of a substance use disorder;
2.  Testing for a blood-borne disease; and
3.  An opioid antagonist pursuant to section 54-1733B, Idaho Code.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Idaho Code 37-3404

  • Department: means the state department of health and welfare. See Idaho Code 37-3403
  • Entity: means :
Idaho Code 37-3403
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • (3)  An entity operating a syringe and needle exchange program must report annually to the department on the following information about the program:
    (a)  The number of individuals who have exchanged syringes or needles;
    (b)  The number of used syringes or needles exchanged for new syringes or needles; and
    (c)  The number of new syringes or needles provided in exchange for used syringes or needles.