Signed by Governor Dan McKee

Vote Smart's Synopsis:

Vote to pass a bill that establishes harm reduction centers for safe drug consumption under medical supervision.

Highlights:

• Establishes the purpose of the bill to authorize a 2 year pilot program to prevent drug overdoses through the establishment of harm reduction centers (Sec. 1). 

• Defines “harm reduction centers” as a community based resource for health screening, disease prevention and recovery assistance where persons may safely consume pre-obtained substances (Sec. 1).

• Establishes that each harm reduction center is to provide the necessary health care professionals to prevent overdose, and provide referrals for counseling or other medical treatment that may be appropriate for persons utilizing the harm reduction center (Sec. 1).

• Specifies that the director of the department of health is to promulgate regulations to authorize the program established by this chapter, and that nothing contained in this section authorizes a harm reduction center without approval of the municipality in which the center is proposed (Sec. 1).

• Establishes that any harm reduction center proposed to be operated pursuant to the provisions of this chapter is to require municipal authorization and approval prior to opening or operating in any community within this state (Sec. 1).

• Defines the term “municipal authorization and approval” to mean an express affirmative vote by the city or town council, or the equivalent governing body, of any municipality where a harm reduction center is proposed to be located, which affirmative vote approves the following (Sec. 1):

• The opening and operation of the proposed harm reduction center;

• The exact location of the proposed harm reduction center, which is to include street address and plat and lot number or other applicable number as used by the municipality's tax assessor; and

• An express authorization as to the hours of operation of the proposed harm reduction center.

• Establishes that each harm reduction center approved for operation pursuant to the provisions of this chapter is to cease operations on or before March 1, 2024, unless an act of the general assembly expressly authorizes the continuation of the operation of the harm reduction center (Sec. 1).

• Establishes an advisory committee to advise the director of the department of health with respect to the regulations necessary to effectuate the purpose of this chapter (Sec. 1).

• Establishes that the advisory committee is to make recommendations to the director of the department of health with respect to the following (Sec. 1):

• Maximizing the potential public health and safety benefits of harm reduction centers;

• The proper disposal of hypodermic needles and syringes;

• The recovery of persons utilizing such harm reduction centers;

• Federal, state and local laws impacting the creation and operation of the harm reduction centers;

• Appropriate guidance to relevant professional licensing boards;

• Potential collaboration with other public health efforts;

• Consideration of any other factors beneficial to promoting the public health and safety; and

• Liability protection for property owners, harm reduction center staff, and volunteers and participants, from criminal or civil liability resulting from the operation of a harm reduction center.

• Specifies that notwithstanding any other law to the contrary, a person or entity, including property owners, managers, employees, volunteers, clients or participants, and state, city, or town government employees acting in the course and scope of employment, are not to be arrested, charged, or prosecuted pursuant to 21-28-4.01(c)(1), 21-28-4.06, 21-28-4.08, 21-28-5.06, or 21-28.5-2, including for attempting, aiding and abetting, or conspiracy to commit a violation of any of those sections; nor have their property subject to forfeiture; nor be subject to any civil or administrative penalty, including disciplinary action by a professional licensing board, credentialing restrictions, contractual or civil liability, or medical staff or other employment action; nor be denied any right or privilege for actions, conduct, or omissions relating to the approval or operation of a harm reduction center in compliance with this chapter and any rules and regulations promulgated pursuant to this chapter (Sec. 1).

• Establishes that the director of the department of health is to promulgate regulations authorized by this chapter no later than March 1, 2022 (Sec. 1).

• Establishes that this act is to take effect on March 1, 2022, and is to expire on March 1, 2024 (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes harm reduction centers for safe drug consumption under medical supervision.

Highlights:

• Establishes the purpose of the bill to authorize a 2 year pilot program to prevent drug overdoses through the establishment of harm reduction centers (Sec. 1). 

• Defines “harm reduction centers” as a community based resource for health screening, disease prevention and recovery assistance where persons may safely consume pre-obtained substances (Sec. 1).

• Establishes that each harm reduction center is to provide the necessary health care professionals to prevent overdose, and provide referrals for counseling or other medical treatment that may be appropriate for persons utilizing the harm reduction center (Sec. 1).

• Specifies that the director of the department of health is to promulgate regulations to authorize the program established by this chapter, and that nothing contained in this section authorizes a harm reduction center without approval of the municipality in which the center is proposed (Sec. 1).

• Establishes that any harm reduction center proposed to be operated pursuant to the provisions of this chapter is to require municipal authorization and approval prior to opening or operating in any community within this state (Sec. 1).

• Defines the term “municipal authorization and approval” to mean an express affirmative vote by the city or town council, or the equivalent governing body, of any municipality where a harm reduction center is proposed to be located, which affirmative vote approves the following (Sec. 1):

• The opening and operation of the proposed harm reduction center;

• The exact location of the proposed harm reduction center, which is to include street address and plat and lot number or other applicable number as used by the municipality's tax assessor; and

• An express authorization as to the hours of operation of the proposed harm reduction center.

• Establishes that each harm reduction center approved for operation pursuant to the provisions of this chapter is to cease operations on or before March 1, 2024, unless an act of the general assembly expressly authorizes the continuation of the operation of the harm reduction center (Sec. 1).

• Establishes an advisory committee to advise the director of the department of health with respect to the regulations necessary to effectuate the purpose of this chapter (Sec. 1).

• Establishes that the advisory committee is to make recommendations to the director of the department of health with respect to the following (Sec. 1):

• Maximizing the potential public health and safety benefits of harm reduction centers;

• The proper disposal of hypodermic needles and syringes;

• The recovery of persons utilizing such harm reduction centers;

• Federal, state and local laws impacting the creation and operation of the harm reduction centers;

• Appropriate guidance to relevant professional licensing boards;

• Potential collaboration with other public health efforts;

• Consideration of any other factors beneficial to promoting the public health and safety; and

• Liability protection for property owners, harm reduction center staff, and volunteers and participants, from criminal or civil liability resulting from the operation of a harm reduction center.

• Specifies that notwithstanding any other law to the contrary, a person or entity, including property owners, managers, employees, volunteers, clients or participants, and state, city, or town government employees acting in the course and scope of employment, are not to be arrested, charged, or prosecuted pursuant to 21-28-4.01(c)(1), 21-28-4.06, 21-28-4.08, 21-28-5.06, or 21-28.5-2, including for attempting, aiding and abetting, or conspiracy to commit a violation of any of those sections; nor have their property subject to forfeiture; nor be subject to any civil or administrative penalty, including disciplinary action by a professional licensing board, credentialing restrictions, contractual or civil liability, or medical staff or other employment action; nor be denied any right or privilege for actions, conduct, or omissions relating to the approval or operation of a harm reduction center in compliance with this chapter and any rules and regulations promulgated pursuant to this chapter (Sec. 1).

• Establishes that the director of the department of health is to promulgate regulations authorized by this chapter no later than March 1, 2022 (Sec. 1).

• Establishes that this act is to take effect on March 1, 2022, and is to expire on March 1, 2024 (Sec. 2).

Full Bill Text