It is enacted by the General Assembly as follows

SECTION 1. Section 23-11-19 of the General Laws in Chapter 23-11 entitled "Sexually Transmitted Diseases" is hereby amended to read as follows:

23-11-19. Exchange of hypodermic needles and syringes. -- The director of the department of health shall {DELestablishDEL} {ADDmaintainADD} a {DELpilotDEL} program offering the free exchange of new hypodermic needles and syringes for used hypodermic needles and syringes as a means to prevent the transmission of human immunodeficiency virus (HIV) among intravenous drug users eighteen (18) years of age or older. Any site used in the {DELpilotDEL} program shall make available educational materials, HIV counseling and testing, and referral services targeted to the education of AIDS transmission and drug abuse prevention and treatment. Any individual(s) who either administers or participates in the {DELpilotDEL} program shall be immune from criminal prosecution for violating the provisions of section 21-28.5-1(a)(11), unless the individual(s) is found to have in his or her possession hypodermic needles and syringes that are not a part of the exchange program.

{ADDAny program of needle and syringe exchange must be implemented pursuant to the provisions of this section and shall incorporate an on-going evaluation plan to determine the impact of the needle exchange program on the participants and the community in the efforts to lower the HIV rate among injecting users including successful referrals to substance abuse treatment. ADD}

SECTION 2. This act shall take effect upon passage.