An Act To Reduce the Spread of Infectious Disease through Shared Hypodermic Apparatuses
Maine Legislature, Session 123, LD 1786
Committee: Health and Human Services
Sponsors: MILLER, EDMONDS, BEAUDOIN, GERZOFSKY, GROSE, HASKELL, HAYES, PERRY, WALKER
Amends: 22 MRSA §1341, 22 MRSA §2383-B, 17-A MRSA §1, 17-A MRSA §1107-A, 17-A MRSA §1110, 17-A MRSA §1111

Legislative Document 
No. 1786 
H.P. 1248 
House of Representatives, March 29, 2007 
An Act To Reduce the Spread of Infectious Disease through Shared 
Hypodermic Apparatuses 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative MILLER of Somerville. 
Cosponsored by President EDMONDS of Cumberland and 
Il/~ 
/J?11ld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAUDOIN of Biddeford, GERZOFSKY of Brunswick, GROSE of 
Woolwich, HASKELL of Portland, HAYES of Buckfield, PERRY of Calais, WALKER of 
Lincolnville. 
Pnnted on recyded paper 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 22 MRSA §1341, as enacted by PL 1997, c. 340, §3, is amended to 
read: 
§1341. Hypodermic apparatus exchange programs 
1. Certification of programs. The B\:lFeati of Health Maine Center for Disease 
Control and Prevention may certifY hypodermic apparatus exchange programs that meet 
the requirements established by rule under subsection 2. 
A. The Maine Center for Disease Control and Prevention may not limit the number 
of hypodermic apparatuses provided by the programs to participants. 
II 
B. The Maine Center for Disease Control and Prevention may not limit the number 
of hypodermic apparatuses that participants served by the programs may legally 
possess, transport or exchange. 
2. Rules. The Btlreatl of Health Maine Center for Disease Control and Prevention 
shall adopt rules pursuant to the Maine Administrative Procedure Act establishing 
requirements for hypodermic apparatus exchange programs. The rules must include but 
are not limited to: 
A. Procedures for the safe disposal of hypodermic apparatuses; 
B. Tracking the number of hypodermic apparatuses distributed and collected; aOO 
C. Drug abuse prevention and treatment education~; and 
D. Measures to discourage the utilization of used hypodermic apparatuses. 
Rules adopted or amended pursuant to this section are major sl:l9stantive routine technical 
rules as defined in Title 5, chapter 375, subchapter Il-A 2-A. 
3. Reports. The Bl:lreal:l of Health Maine Center for Disease Control and Prevention 
shall report to the joint standing committees of the Legislature having jurisdiction over 
judiciary matters and health and human services matters by January 15, 1999 and 
annually thereafter on hypodermic apparatus exchange programs certified under this 
section. The report must include but is not limited to: the number, location and operators 
of hypodermic apparatus exchange programs; data on hypodermic apparatuses distributed 
and collected; and the number of persons served by the programs. 
Sec. A-2. 22 MRSA §2383-B, sub-§2, V, as enacted by PL 1997, c. 340, §5, is 
amended to read: 
F. With regard to the possession or furnishing of hypodermic apparattlses, persons 
al:lthorized by the Bureal:l of Health pl:lrsuant to a Persons furnishing, possessing and 
transporting hypodermic apparatus exchange program, certified apparatuses or 
residual amounts of any scheduled drug that is contained in any hypodermic 
Page I - 123LR1513(Ol)-1 
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apparatus, to the extent authorized under chapter 252-A while acting 'Nithin the scope 
of their employment under such programs. 
PARTB 
Sec. B-1. 17-A MRSA §1l06, sub-§6, as enacted by PL 2003, c. 61, §6, is 
repealed and the following enacted in its place: 
6. 
It is an affirmative defense to prosecution under this section that the substance 
furnished is: 
A. Industrial hemp; or 
B. 
A residual amount of any scheduled drug that is contained in one or more 
hypodermic apparatuses if the person is enrolled in a hypodermic apparatus exchange 
program that is certified by the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention and is furnishing the hypodermic 
apparatuses to an employee of such a program. 
Sec. B-2. 17-A MRSA §1107-A, sub-§5, is enacted to read: 
5. It is an affirmative defense to prosecution under this section that the substance 
furnished is: 
A. Industrial hemp; or 
B. 
A residual amount of any scheduled drug that is contained in one or more 
hypodermic apparatuses if the person is enrolled in a hypodermic apparatus exchange 
program that is certified by the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention and is transporting the hypodermic 
apparatuses to the program. 
Sec. B-3. 17-A MRSA §1110, sub-§l-C is enacted to read: 
I-C. It is an affirmative defense to prosecution under section I-A that the person 
furnishing the hypodermic apparatuses is enrolled in a hypodermic apparatus exchange 
program that is certified by the Department of Health and Human Services, Maine Center 
for Disease Control and Prevention and is furnishing the hypodermic apparatuses to an 
employee of such a program. 
Sec. B-4. 17-A MRSA §1111, sub-§3 is enacted to read: 
3. 
It is an affirmative defense to prosecution under this section that the person 
possessing the hypodermic apparatuses is enrolled in a hypodermic apparatus exchange 
program that is certified by the Department of Health and Human Services, Maine Center 
for Disease Control and Prevention and is transporting the hypodermic apparatuses to the 
program. 
II 
SUMMARY 
This bill prohibits the Department of Health and Human Services, Maine Center for 
Disease Control and Prevention from limiting the number of hypodermic apparatuses that 
a certified hypodermic apparatus program may provide to enrolled participants or the 
number that enrolled participants may legally possess, transport or exchange. The bill 
requires the Maine Center for Disease Control and Prevention to adopt rules for measures 
to discourage the utilization of used hypodermic apparatuses and makes rules adopted or 
amended routine technical rules. It authorizes persons to lawfully possess, furnish or 
transport hypodermic apparatuses or residual amounts of scheduled drugs that may be 
present in the hypodermic apparatuses or a residual amount of any scheduled drug that is 
contained in one or more hypodermic apparatuses to the extent authorized under the 
Maine Revised Statutes, Title 22, chapter 252-A. 
The bill provides an affirmative 
defense for the furnishing, transporting or possession of hypodermic apparatuses or a 
residual amount of any scheduled drug that is contained in one or more hypodermic 
apparatuses by a person enrolled in a hypodermic apparatus exchange program that is 
certified by the Maine Center for Disease Control and Prevention under Title 22, section 
1341 when the person is transporting the hypodermic apparatuses to the certified 
program. 
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