Why Should Delaware Care?
Delaware experienced a significant increase in overdose deaths on a per-capita basis in 2022, but has since made progress in fighting the battle against addiction. Access to clean needles not only curbs the spread of disease, but also brings people closer to recovery services.
As Delaware continues to grapple with a higher than average number of fatal overdoses, legislators have made its little-discussed syringe exchange program more accessible to those in need.
In 2006, members of the Delaware General Assembly passed a law establishing a clean needle exchange program for residents in Delaware. Last year, lawmakers passed an amendment to this bill, removing requirements for participants to bring a needle to get a needle.
Delaware’s syringe exchange program was started as a way to curb the spread of HIV and AIDS in the early 2000s, but it has since sprouted into a way for people with addiction to come into contact with treatment and harm reduction services.
It’s a program that is not universal in the United States, or even the tri-state area. Here’s what to know about syringe exchange laws in Delaware.
Who runs syringe exchange programs?
Syringe exchange in Delaware is currently run by Brandywine Counseling & Community Services, a nonprofit service provider that holds syringe exchange events five days a week at multiple locations around the state.
It’s currently funded by the Delaware Division of Substance Abuse and Mental Health, and operates on a budget of more than $100,000 a year, according to the law’s fiscal note.
Holly Rybinski is the program manager for the Syringe Services Program (SSP) and said syringes aren’t the only products given out at these events. Other items and services like wound care, safe-sex kits and access to treatment are also offered at exchanges, she said.
She said much of the staff who run the SSP have prior experience with using intravenous drugs, and this allows for them to connect more with people who come to an exchange.
“If it was not that way, then you’d have a lot of a lot less rapport that’s built between the client and then the staff,” Rybinski said. “So I would say that’s probably one of the most important and great aspects of the program.”
How does it work?
Enrollment in the program is anonymous, Rybinski said, with people getting cards showing they are participants. Delaware’s code protects participants and distributors in the program from prosecution under current paraphernalia laws.
Rybinski said there have been instances where participants have been charged for possession of needles, but that BCCS has sent letters to vouch for their status as participants.
Those who are enrolled in the program can show up to an exchange site and get as many needles they may need until their next visit, according to BCCS’ website.
People interested in enrolling in the program must be at least 14 years old, Delaware residents and an active injectable drug user, the site said.
State Sen. Marie Pinkney (D-Bear) sponsored the changes to Delaware’s syringe exchange in this past session. | PHOTO COURTESY OF DE SENATE DEMOCRATS
How has the law changed?
Last year, an amendment sponsored by State Sen. Marie Pinkney (D-Bear) removed the previous requirement that participants needed to bring a needle to get a needle. The amendment, which was signed in August 2023, allows participants to get needles on an “as-needed basis.”
That change was sparked by advocates who said the previous one-for-one approach was not the best practice, Pinkney said, adding that the goal of the bill was to “meet people where they are” and bring people closer to treatment services.
People struggling with addiction will use what they have, and if they have a dirty needle, they may use that, Pinkney noted.. Offering syringes on an as-needed basis could bring people closer to different recovery services.
“We also know that if people are coming into the offices more frequently or to exchange or get new needles, that is more contact that they have with the service provider,” Pinkney said.
State Sen. Eric Buckson (R-Dover), expressed concerns with expanding access to syringe exchanges. | SPOTLIGHT DELAWARE PHOTO BY JACOB OWENS
What gaps still exist?
Support for Pinkney’s amendment was not unanimous though, and State Sen. Eric Buckson (R-South Dover) proposed reinstating the one-for-one requirement. His attempts to change the law failed in the General Assembly, but he said he believes offering unlimited needles could do more harm than good.
He said he would want to see the need to bring a needle back because it “forces” them to interact with treatment and wraparound services, as opposed to getting a lot of needles and not coming back for a long time.
Another concern Buckson raised with the law is that when people have unlimited access, it opens up the door for “commerce” and the bartering of needles.
Buckson, a member of the government board that allocates the state’s $250 million opioid fund, the Behavioral Health Consortium, said he understands clean needles prevent the spread of disease and less long-term health problems.
“What I didn’t get was how they’re going to manage this and increase the number of support systems in place for those folks that were coming to the exchange groups,” he added.
The post Delaware expands access to syringe exchange program appeared first on Spotlight Delaware.