Regulations Governing Needle-Syringe Services

These Regulations are enacted pursuant to Paragraph 1, Article 9 of the HIV Infection Control and Rights Protection for People Living with HIV Act (hereinafter referred to as the “Act”).The use of controlled drugs as a substitution treatment for drug addicts referred to in Paragraph 1, Article 9 of the Act (also referred to as the “maintenance therapy”) shall be implemented in accordance with the Mental Health Act and the Regulations Governing the Designation and Management of Substance Use Disorder Treatment and Life Reconstruction Services.

The terms used in these Regulations are defined as follows:1. “Peer education workers” refer to individuals who have used drugs, and who have passed the training of competent authorities to assist in the implementation of service measures by drawing on their empathy with drug users and understanding of relevant drug use behavior.2. “Outreach service workers” refer to individuals who have passed the training of competent authorities to execute service measures on a mobile basis in communities.

Competent authorities may provide the following needle-syringe services to persons using needles and syringes to administer drugs:1. Supply of needles and syringes.2. Exchange of needles and syringes.3. Recall of needles and syringes.

The central competent authority shall plan and promote the needle-syringe services referred to in the preceding article and supervise their implementation by local competent authorities. When necessary, the central competent authority may provide financial subsidies therefor.

Medical care institutions, medical laboratories, pharmacies and other agencies, institutions, juridical persons or groups (collectively referred to as “institutions” hereunder) may, upon approval of local competent authorities, provide needle-syringe services.Non-profit needle-syringe vending machines established by local competent authorities and mobile community service sites operated by peer education workers or outreach service workers may offer needle-syringe services.

The following services shall be offered in conjunction with needle-syringe services:1. Health education on the prevention of blood-borne infectious diseases, proper disposal of used needles and syringes, and other related matters;2. Service information or referrals on HIV testing, maintenance therapy, drug rehabilitation, medical care, employment and other related matters; and3. Other matters designated by the competent authorities.

Needle-syringe service sites shall display the identification sign issued by the local competent authorities. When performing duties, the needle-syringe service workers shall carry a credential sufficient to prove their identity.

The institutions referred to in Paragraph 1 of Article 5 and their employees as well as the workers referred to in Paragraph 2 of the same article shall keep confidential any personal information and data concerning service recipients that they obtain or possess in the course of performing their duties or conducting business, and shall not disclose such information without justification.

Competent authorities may inspect the provision of needle-syringe services by the institutions referred to in Paragraph 1 of Article 5 and their employees as well as by the workers referred to in Paragraph 2 of the same article.The inspections referred to in the preceding paragraph include document review and on-site visit. Persons or institutions subject to such inspections shall cooperate and shall not evade, obstruct, or refuse them.

When providing needle-syringe services, the institutions referred to in Paragraph 1 of Article 5 and their employees as well as the workers referred to in Paragraph 2 of the same article may request local competent authorities for assistance if enforcement actions by judicial or police authorities interfere with such services.

Competent authorities or competent authorities for the relevant sectors may reward the institutions referred to in Paragraph 1 of Article 5 and their employees, as well as the workers referred to in Paragraph 2 of the same article, for outstanding performance in providing needle-syringe services.

These Regulations shall enter into force on the date of promulgation.