2020 -- S 2128 SUBSTITUTE A | |
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LC003451/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY - HARM REDUCTION CENTER ADVISORY | |
COMMITTEE AND PILOT PROGRAM | |
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Introduced By: Senators Miller, Lynch Prata, Goodwin, McCaffrey, and Archambault | |
Date Introduced: January 22, 2020 | |
Referred To: Senate Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 12.10 |
4 | HARM REDUCTION CENTER ADVISORY COMMITTEE AND PILOT PROGRAM |
5 | 23-12.10-1. Purpose and creation. |
6 | (a) The purpose of this chapter is to authorize, design, and regulate a proven approach to |
7 | prevent drug overdoses through the establishment of "harm reduction centers", which as used in |
8 | this chapter shall be defined as a community based resource for health screening, disease |
9 | prevention and recovery assistance where persons may safely consume pre-obtained controlled |
10 | substances. |
11 | (b) Each harm reduction center shall provide the necessary medical supervision to |
12 | prevent overdose, and shall provide referrals for counseling or other medical treatment that may |
13 | be appropriate for persons utilizing the harm reduction center. |
14 | (c) The director of the department of health shall promulgate regulations to authorize the |
15 | program established by this section. Nothing contained in this section authorizes a harm reduction |
16 | center without approval of the municipality in which the center is proposed. |
17 | 23-12.10-2. Establishment of advisory committee. |
18 | There is hereby established an advisory committee to advise the director of the |
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1 | department of health with respect to the regulations necessary to effectuate the purpose of this |
2 | chapter. The advisory committee shall be chaired by the director of the department of health, or |
3 | the director designee, and consist of nine (9) additional members: one of whom shall be the |
4 | attorney general or designee; one member from the Rhode Island Medical Society; one member |
5 | from the Hospital Association of Rhode Island; one member from the Rhode Island chapter of the |
6 | American Society of Addiction Medicine; and five (5) members approved by the governor, one of |
7 | whom shall be a person who has been recently incarcerated and currently being treated for a |
8 | substance abuse disorder; one of whom shall be a person who identifies as a person in recovery |
9 | who works in the field of overdose prevention or recovery; one of whom shall be a current or |
10 | former law enforcement official; one of whom shall be a representative of the Rhode Island |
11 | League of Cities and Towns; and one of whom shall be a person who has suffered a drug |
12 | overdose or a family member thereof. |
13 | 23-12.10-3. Role of advisory committee. |
14 | (a) The advisory committee shall make recommendations to the director of the |
15 | department of health with respect to, but not limited to, the following: |
16 | (1) Maximizing the potential public health, disease prevention, and safety benefits of |
17 | harm reduction centers; |
18 | (2) The proper disposal of hypodermic needles and syringes; |
19 | (3) The appropriate referral resources available to assist in the recovery of persons |
20 | utilizing such harm reduction centers; |
21 | (4) Federal, state and local laws impacting the creation and operation of the harm |
22 | reduction centers; |
23 | (5) Appropriate guidance to relevant professional licensing boards; |
24 | (6) Potential collaboration with other medical and public health efforts; |
25 | (7) Consideration of any other factors beneficial to promoting the public health and |
26 | safety; |
27 | (8) Regulatory process for a harm reduction center to provide for medically supervised |
28 | consumption; |
29 | (9) Public education of the need for the establishment of harm reduction centers; |
30 | (10) Data tracking; |
31 | (11) Appropriate staffing requirements to ensure the safe operation of harm reduction |
32 | centers; |
33 | (12) Any factors necessary to promote the sustainability of harm reduction centers; and |
34 | (13) Educating law enforcement and other appropriate state and municipal officials about |
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1 | the immunity from liability granted individuals and entities in the creation and operation of harm |
2 | reduction centers; as established by this chapter. |
3 | 23-12.10-4. Liability protections. |
4 | Notwithstanding any other law to the contrary, a person or entity, including, but not |
5 | limited to, property owners, managers, employees, volunteers, clients or participants, and state, |
6 | city, or town government employees acting in the course and scope of employment, shall not be |
7 | arrested, charged, or prosecuted pursuant to ยงยง 21-28-4.01(c)(1), 21-28-4.06, 21-28-4.08, 21-28- |
8 | 5.06, or 21-28.5-2, including for attempting, aiding and abetting, or conspiracy to commit a |
9 | violation of any of those sections; nor have their property subject to forfeiture; nor be subject to |
10 | any civil or administrative penalty, including, but not limited to, disciplinary action by a |
11 | professional licensing board, credentialing restrictions, contractual or civil liability, or medical |
12 | staff or other employment action; nor be denied any right or privilege for actions, conduct, or |
13 | omissions relating to the approval or operation of a harm reduction center in compliance with this |
14 | chapter and any rules and regulations promulgated pursuant to this chapter. |
15 | 23-12.10-5. Promulgation of rules and regulations. |
16 | The director of the department of health shall promulgate rules and regulations authorized |
17 | by this chapter no later than January 1, 2021, and such rules and regulations shall be transmitted |
18 | to the appropriate heads of municipalities, and any other agencies and organizations the director |
19 | deems appropriate. |
20 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY - HARM REDUCTION CENTER ADVISORY | |
COMMITTEE AND PILOT PROGRAM | |
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1 | This act would create a pilot program to establish harm reduction centers as facilities |
2 | wherein persons may use pre-obtained controlled substances under the supervision of health care |
3 | professionals. The director of the department of health, with the advice of an advisory committee, |
4 | would promulgate rules and regulations on or before January 1, 2021 for the implementation of |
5 | the pilot program. |
6 | This act would take effect upon passage. |
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