Del. Code tit. 16 § 2226

Current through 2024 Legislative Session Act Chapter 531
Section 2226 - Distribution of drug testing strips; immunity
(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) Subject to subsection (e) of this section, a person may provide a drug testing strip to an individual .
(d) A person providing a drug testing strip to an individual under this section must do so in good faith and with reasonable care.
(e) Except if the person willfully, 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 .
(f) Nothing in this section is intended to waive the State's sovereign immunity or the privileges and immunities under Chapter 40 of Title 10.

16 Del. C. § 2226

Amended by Laws 2023 , ch. 170, s 2, eff. upon the expiration of the Emergency Order issued by the Secretary of State placing Xylazine in Schedule III of the Uniform Controlled Substance Act or November 29, 2023, whichever is earlier..
Added by Laws 2021 , ch. 21, s 1, eff. 6/3/2021.