HB 2378 West Virginia House of Delegates · 2025 Regular Session

Requiring a syringe service program to be affiliated with a local health department

HB 2378 makes syringe services programs unlawful in West Virginia, prohibiting operators from providing sterile syringes or needles without a prescription. It requires all such programs to cease operations immediately upon the bill's effective date, with a 120-day administrative transition period solely for care referrals (no syringe exchanges allowed during this time). The bill permits harm reduction services like overdose prevention education and referrals to treatment programs, as long as they do not involve syringe exchanges. Violators face civil penalties up to $2,500 per day, and the Office of Health Facilities Licensure and Certification may seek injunctive relief for noncompliance. This replaces all previous regulations on syringe services programs (repealing §16-64-1 through §16-64-10).
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 14, 2025 Last action Mar 18, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Committee Substitute · 7 edits
MODERATE
The bill was amended to shift from completely banning syringe exchange programs to allowing them to operate under a licensing system. The committee version adds requirements for programs to obtain a license, submit detailed applications, and gain local government support, while maintaining the ban on providing syringes directly to users.
Scope change
The bill's scope changed from a total prohibition of syringe services to a regulated licensing framework that permits syringe services programs to operate if they meet specific requirements and obtain approval.
ENFORCEMENT

Changed from an outright ban on syringe services programs to requiring them to obtain a license from the Office of Health Facility Licensure and Certification.

Changed civil penalty structure from a flat $2,500 per day fine to a licensing enforcement model with injunctive relief options.

REQUIREMENT

Added detailed application requirements including program descriptions, staffing details, treatment referral capabilities, and local government support statements.

Added a requirement for programs to pay an application fee not to exceed $500.

Added a requirement for written support from a majority of county commission members and municipal governing body members where the program is located.

DEFINITION

Modified the definition of harm reduction programs to emphasize referral to treatment, screenings, vaccinations, and education rather than syringe distribution.

TIMELINE

Removed the 120-day administrative transition period that allowed existing syringe exchange programs to continue operating without providing syringes.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
8
Key actions
0
Committee
4
Mar 13, 2025
Committee
To House Health and Human Resources
lower
Feb 14, 2025
Committee
To House Public Health
lower
Feb 14, 2025
Committee
To House Health and Human Resources
lower
Feb 14, 2025
Introduced
Introduced in House
lower
Feb 14, 2025
Committee
To Health and Human Resources then Judiciary
lower
1 primary · 5 co-sponsors

Sponsors