West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-17 - Syringe Services Program Licensure
Section 69-17-9 - Provision of Services

Universal Citation: 69 WV Code of State Rules 69-17-9

Current through Register Vol. XLI, No. 38, September 20, 2024

9.1. Participant Requirements.

9.1.1. Participants in the syringe services program must be at least 18 years old. Other harm reduction services may be offered to individuals under 18 years old where permitted and appropriate.

9.1.2. Participants in the syringe services program must present proof of West Virginia identification upon dispensing syringes and injection equipment. Each program must have a policy regarding the types of West Virginia identification that will be accepted by its program.

9.2. Program Enrollment.

9.2.1. A syringe services program shall develop and implement an enrollment procedure for participants.

9.2.2. Each participant shall be assigned a unique participant code that cannot be duplicated.

9.2.3. Information to be requested during enrollment into the syringe services program includes, at a minimum:
9.2.3.a. Participant initials;

9.2.3.b. Birth year;

9.2.3.c. Zip code or area of current residence

9.2.3.d. Sex or gender;

9.2.3.e. Race or ethnicity;

9.2.3.f. Preferred language;

9.2.3.g. Pregnancy status;

9.2.3.h. Information related to access to other services; and

9.2.3.i. Information related to social determinants of health.

9.2.4. During enrollment, syringe services policies and procedures should be reviewed with the participant.

9.3. Harm Reduction Services.

9.3.1. A syringe services program shall be part of a harm reduction program and offer or refer for the harm reduction services described herein. A syringe services program shall not offer syringe services only.

9.3.2. Harm reductions services that must be offered, at a minimum, include:
9.3.2.a. HIV, hepatitis, and sexually transmitted diseases screening;

9.3.2.b. Vaccinations;

9.3.2.c. Birth control and long-term birth control;

9.3.2.d. Behavioral health services;

9.3.2.e. Overdose prevention supplies and education;

9.3.2.f. Syringe collection and sharps disposal;

9.3.2.g. Educational services related to disease transmission;

9.3.2.h. Assistance or referral of a participant to a substance use disorder treatment program;

9.3.2.i. Referral to a health care practitioner for treatment of medical conditions; and

9.3.2.j. Programmatic guidelines including a sharps disposal plan, staff training plan, data collection and program evaluation plans, and community relations plan.

9.4. Syringes Services.

9.4.1. Each visit at the syringe services program shall include an offer for the provision of or referral for harm reduction services from a qualified, licensed health care provider.

9.4.2. A syringe services program shall ensure that a syringe is unique to the syringe services program. Acceptable means for uniquely identifying the syringe to the syringe services program may include, but is not limited to, color codes, labels, or serial numbers or codes. Each program must have a policy identifying what measures are used to uniquely distinguish that program's syringes.

9.4.3. A syringe services program shall dispense syringes with a goal of a 1:1 exchange model. A syringe services program may substitute weighing the volume of returned syringes rather than a 1:1 exchange model. Weighing returned needles is only permissible if it can be done accurately and in the following manner:
9.4.3.a. Returned syringes shall be contained in a see-through container; and

9.4.3.b. A visual inspection of the see-through container shall take place prior to the returned syringes being weighed.

9.4.4. Syringe Dispensing Plan. A syringe services program shall have a syringe dispensing plan which includes, but is not limited to, the following:
9.4.4.a. Maintaining records of returned syringes by participants for two years;

9.4.4.b. Preventing syringe stick injuries;

9.4.4.c. Tracking the number of syringes dispensed and collected at the syringe services program;

9.4.4.d. Tracking the number of syringes collected as a result of community reports of syringe litter;

9.4.4.e. Eliminating direct handling of sharps waste;

9.4.4.f. Following a syringe stick injury protocol and plan;

9.4.4.g. Dispensing syringes in person to a participant and not via proxy;

9.4.4.h. Maintaining a budget for sharps waste disposal or an explanation if no cost is associated with sharps waste disposal; and

9.4.4.i. Implementing a plan to coordinate with the continuum of care, including requirements set forth in W. Va. Code § 16-64-3.

9.5. Syringe Disposal Plan.

9.5.1. The syringe services program shall have policies and procedures governing the disposal of syringes and other medical waste which are designed to maximize the return of non-sterile syringes without increasing the risk of syringe stick injury to program staff members, contracted individuals, volunteers, and participants.

9.5.2. The syringe disposal plan shall include a method to track the number of syringes returned in a manner that eliminates the direct handling of sharps waste and does not interfere with service provision.

9.5.3. The syringe disposal plan shall include a syringe stick injury protocol and plan to ensure that program staff members, contracted individuals, and volunteers are familiar with the protocol.

9.5.4. The syringe disposal plan shall include sharps waste disposal education that ensures program staff members, contracted individuals, volunteers, and participants are familiar with state law regulating the proper disposal of home-generated sharps waste.

9.5.5. The syringe disposal plan shall also include and address a plan for retrieving and the safe disposal of syringe litter found in the community.

9.6. Syringe Litter. A syringe services program shall maintain a program for the public to report syringe litter and shall endeavor to collect all syringe litter in the community.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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