Section 215 of chapter 111 of the General Laws, as mostrecently amended by section 128 of chapter 38 of the Acts of 1995, is hereby repealed.

Section 2. Chapter 94C of the General Laws is hereby amended by striking out section 27(f), as most recently amended by section 142 of chapter 110 of the Acts of 1993, and by inserting in place thereof, the following section:-

Section 27(f). The department of public health is hereby authorized to promulgate rules and regulations for the implementation regarding the exchange of needles for the purpose of preventing the transmission of communicable diseases. Distribution or possession of needles and syringes in accordance with this section shall not be deemed in violation of this chapter.

            Prior to implementing a needle exchange program in a municipality, the commissioner of public health shall create a community advisory committee. Said committee shall consist of seven (7) residents of the municipality. Five (5) shall be appointed by the chief executive officer of said municipality, and shall include one (1) representative of the board of health and one (1) representative of the police department. The commissioner of public health shall appoint the remaining two (2) members. The community advisory committee will have sixty (60) days to solicit community input relating to implementation of the needle exchange program, and shall report its findings to the commissioner of public health at the end of the sixty-day period. No final decision on the implementation of a needle exchange program shall be made before the end of this sixty-day period.

Section 3. Section 32I of chapter 94C of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following subsection:-

            (d) The provisions of subsections (a) and (b) of this section shall not apply to persons possessing or distributing needles and syringes pursuant to chapter 94C, section 27(f) of the General Laws.

Section 4. The advisory committee shall remain organized as an ad hoc committee available to reconvene at the calling of the commissioner of public health. Any vacancy in the membership of the advisory committee shall be filled in accordance with section 2 of this act.

Section 5. The commissioner of public health, after 3 years of implementation of a needle exchange program, shall reconvene the community advisory committee. The commissioner of public health shall commission, in consultation with said community advisory committee an independent evaluation of the community’s needle exchange program. The evaluation shall include, but shall not be limited to newly reported infections of HIV/Hepatitis C due to IV drug use, increase/decrease number of individuals in drug/alcohol treatment programs, increase/decrease in crime rates, increase/decrease in drug related arrests/crimes, increase/decrease of reported drug use, increase/decrease of discarded needles and drug paraphernalia surrounding the needle exchange program site. The independent evaluation shall include solicitation of community views and interviews with members of the community advisory committee.

Section 6. Evaluation results shall be made available to the community advisory committee and the public no later than 180 days after the commission of said independent evaluation. The commissioner of public health shall utilize the data of the independent evaluation to further modify and enhance the program’s purpose of protecting the public health by reducing the transmission of HIV and hepatitis C. Copies of the independent evaluation shall be filed with the Speaker of the House, President of the Senate, Senate and House Committees on Ways and Means, the Joint Committee on Health Care and the Joint Committee on Public Safety.