SB 76 DE

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Became Law

This Act authorizes the distribution of testing strips to determine the presence of fentanyl or fentanyl-related substances. Fentanyl testing strips could be distributed to the community along with opioid overdose reversal medication as a harm reduction strategy in the opioid addiction crisis. A number of states have authorized fentanyl testing strips distribution in recent years including Maryland, Rhode Island, the District of Columbia, and North Carolina. Twenty-seven states currently provide fentanyl testing strips through needle exchange programs. According to an April 2019 Delaware Health Alert published by the Department of Health and Social Services, fentanyl is a potent opioid that is increasingly being mixed into illicitly sold drugs, often without the buyer’s knowledge. In Delaware, fentanyl was involved in 72% of overdose deaths during 2018, up from 58% in 2017 according to the state’s Division of Forensic Science. During 2018, there were more fatal overdoses than any year on record with 400 deaths. This Act exempts fentanyl testing strips from the drug paraphernalia statute. This Act provides the limitations on liability for lay individuals and organizations in Section 1 of this Act because of the extraordinary epidemic of death that is occurring in Delaware as a result of fentanyl being mixed into illicit drugs. It is similar to liability exemptions under § 8135(b) of Title 10 and § 6801 of Title 16 of the Delaware Code for certain types of volunteers and Good Samaritans and is an exception to the general public policy against civil immunity.

• Laura V. Sturgeon Democratic · primary
• Bryan Townsend Democratic · primary
• Stephanie L. Hansen Democratic · primary
• David Bentz · primary
• Sarah McBride · primary

1. Mar 4, 2021 Introduced and Assigned to Health & Social Services Committee in Senate · upper
2. Mar 17, 2021 Reported Out of Committee (Health & Social Services) in Senate with 5 Favorable · upper
3. Mar 23, 2021 Passed By Senate. Votes: 21 YES · upper
4. Mar 24, 2021 Assigned to Health & Human Development Committee in House · lower
5. Mar 31, 2021 Reported Out of Committee (Health & Human Development) in House with 8 Favorable, 6 On Its Merits · lower
6. Apr 16, 2021 Suspension of Rules in House · lower
7. Apr 22, 2021 Passed By House. Votes: 40 YES 1 ABSENT · lower
8. Jun 3, 2021 Signed by Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Bill Text · HTML
• Bill Text · PDF