AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FENTANYL TESTING STRIPS.
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SB 76 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FENTANYL TESTING STRIPS.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 04, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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20 sponsors
5 primary, 15 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (11 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
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.
Bill Text
- Bill Text View text Current pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This Act authorizes the distribution of fentanyl testing strips and provides immunity from civil damages for those who distribute them in good faith.
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§ 2226
§ 2226. Distribution of fentanyl testing strips; immunity.
This section establishes a new regulation for distributing fentanyl testing strips.
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§ 2226
A manufacturer or distributor of fentanyl testing strips.Excludes manufacturers and distributors of fentanyl testing strips from the immunity provisions.
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§ 2226
A pharmacy.Excludes pharmacies from the immunity provisions.
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§ 2226
A hospital.Excludes hospitals from the immunity provisions.
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§ 2226
A medical clinic.Excludes medical clinics from the immunity provisions.
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§ 2226
A for profit organization.Excludes for-profit organizations from the immunity provisions.
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§ 2226
A credentialed individual.Excludes credentialed individuals from the immunity provisions.
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§ 2226
A person may distribute functional fentanyl testing strips to determine the presence of fentanyl or fentanyl-related substances.
Allows individuals to distribute fentanyl testing strips safely.
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§ 2226
A person who provides functional fentanyl testing strips to an individual to determine the presence of fentanyl or fentanyl-related substances under this section must do so in good faith and with reasonable care.
Establishes a requirement for good faith and care in distributing fentanyl testing strips.
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§ 2226
A person who provides functional fentanyl testing strips to an individual to determine the presence of fentanyl or fentanyl-related substances is not subject to civil damages in excess of the limits of any applicable insurance coverage, unless it is established that the person caused injuries or death willfully, wantonly, or recklessly or by gross negligence.
Limits liability for individuals distributing testing strips unless they act with gross negligence.
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§ 2226
Nothing in this section is intended to waive the State’s sovereign immunity or the privileges and immunities under Chapter 40 of Title 10.
Clarifies that state immunity is maintained with this law.
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§ 4773
will does not apply to: to any of the following:Corrects redundancy in the existing legal language.
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§ 4773
or items.Removes extra wording for clarity.
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§ 4773
transported transported,Removes duplicate wording for clarity.
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§ 4773
paper paper,Removes duplicate wording for clarity.
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§ 4773
Testing strips to determine the presence of fentanyl or fentanyl-related substances.
Exempts fentanyl testing strips from the drug paraphernalia statute.
Action History
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Signed by Governor
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Passed By House. Votes: 40 YES 1 ABSENT
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Suspension of Rules in House
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Reported Out of Committee (Health & Human Development) in House with 8 Favorable, 6 On Its Merits
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Assigned to Health & Human Development Committee in House
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Health & Social Services) in Senate with 5 Favorable
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Introduced and Assigned to Health & Social Services Committee in Senate
Sponsors
- Kyle Evans Gay · Cosponsor
- Laura V. Sturgeon · Primary
- Bryan Townsend · Primary
- Stephanie L. Hansen · Primary
- Dave G. Lawson · Cosponsor
- S. Elizabeth Lockman · Cosponsor
- Spiros Mantzavinos · Cosponsor
- Trey Paradee · Cosponsor
- Marie Pinkney · Cosponsor
- David P. Sokola · Cosponsor
- Larry Lambert · Cosponsor
- Eric Morrison · Cosponsor
- Madinah Wilson-Anton · Cosponsor
- Bruce C. Ennis · Cosponsor
- Michael Ramone · Cosponsor
- John L. Mitchell · Cosponsor
- Ruth Briggs King · Cosponsor
- Paul S. Baumbach · Cosponsor
- David Bentz · Primary
- Sarah McBride · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 15 co-sponsors · 42 not signed on
Sponsors (5)
- Laura V. Sturgeon Democratic
- Bryan Townsend Democratic
- Stephanie L. Hansen Democratic
- David Bentz
- Sarah McBride
Co-sponsors (15)
- Kyle Evans Gay
- Dave G. Lawson Republican
- S. Elizabeth Lockman Democratic
- Spiros Mantzavinos Democratic
- Trey Paradee Democratic
- Marie Pinkney Democratic
- David P. Sokola Democratic
- Larry Lambert Democratic
- Eric Morrison Democratic
- Madinah Wilson-Anton Democratic
- Bruce C. Ennis
- Michael Ramone
- John L. Mitchell
- Ruth Briggs King
- Paul S. Baumbach
Not signed on (42)
42 members have not signed on to this bill.
Show all 42 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 0 |
| Democratic | 16 | 0 | 0 | 0 |
| Republican | 11 | 0 | 0 | 1 |
| Total | 40 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bruce C. Ennis | — | Yea |
| Colin Bonini | — | Yea |
| Ernesto B Lopez | — | Yea |
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 76 do?
- 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.
- Who sponsors SB 76?
- SB 76 is sponsored by Kyle Evans Gay, Laura V. Sturgeon (Democratic), Bryan Townsend (Democratic), Stephanie L. Hansen (Democratic), Dave G. Lawson (Republican), S. Elizabeth Lockman (Democratic), Spiros Mantzavinos (Democratic), Trey Paradee (Democratic), Marie Pinkney (Democratic), David P. Sokola (Democratic), Larry Lambert (Democratic), Eric Morrison (Democratic), Madinah Wilson-Anton (Democratic), Bruce C. Ennis, Michael Ramone, John L. Mitchell, Ruth Briggs King, Paul S. Baumbach, David Bentz, and Sarah McBride.
- What is the current status of SB 76?
- This bill has been enacted into law. Introduced March 04, 2021. Enacted.
- Where can I track SB 76?
- Track SB 76 free on One Click Politics — get push/email alerts when it moves.
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