Chapter 007
2023 -- S 0026
Enacted 04/07/2023

A N   A C T
RELATING TO HEALTH AND SAFETY -- HARM REDUCTION CENTER ADVISORY COMMITTEE AND PILOT PROGRAM

Introduced By: Senator Joshua Miller

Date Introduced: January 18, 2023

It is enacted by the General Assembly as follows:
     SECTION 1. Sections 23-12.10-1 and 23-12.10-5 of the General Laws in Chapter 23-12.10
entitled "Harm Reduction Center Advisory Committee and Pilot Program. [Expires March 1,
2024.]" are hereby amended to read as follows:
     23-12.10-1. Purpose and creation — Municipal authorization required. [Expires
March 1, 2024.] Purpose and creation — Municipal authorization required. [Expires March
1, 2026.]
     (a) The purpose of this chapter is to authorize a two-year (2) four-(4)year (4) pilot program
to prevent drug overdoses through the establishment of “harm reduction centers,” which, as used
in this chapter, shall be defined as a community-based resource for health screening, disease
prevention, and recovery assistance where persons may safely consume pre-obtained substances.
Smoking of pre-obtained substances shall also be permitted within the harm reduction center.
     (b) Each harm reduction center shall provide the necessary healthcare professionals to
prevent overdose, and shall provide referrals for counseling or other medical treatment that may be
appropriate for persons utilizing the harm reduction center.
     (c) The director of the department of health shall promulgate regulations to authorize the
program established by this chapter, and in accordance with § 23-12.10-5. Nothing contained in
this section authorizes a harm reduction center without approval of the municipality in which the
center is proposed.
     (d)(1) Any harm reduction center proposed to be operated pursuant to the provisions of this
chapter shall require municipal authorization and approval prior to opening or operating in any
community within this state.
     (2) As used in this chapter, the term “municipal authorization and approval” means 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:
     (i) The opening and operation of the proposed harm reduction center;
     (ii) The exact location of the proposed harm reduction center, which shall include street
address and plat and lot number or other applicable number as used by the municipality’s tax
assessor; and
     (iii) An express authorization as to the hours of operation of the proposed harm reduction
center.
     (e) Each harm reduction center approved for operation pursuant to the provisions of this
chapter shall cease operations on or before March 1, 2024 2026, unless an act of the general
assembly expressly authorizes the continuation of the operation of the harm reduction center.
     23-12.10-5. Promulgation of regulations. [Expires March 1, 2024.] Promulgation of
regulations. [Expires March 1, 2026.]
     The director of the department of health shall promulgate regulations authorized by this
chapter no later than March 1, 2022. Provided, the director shall amend these regulations to the
extent the director deems necessary after March 1, 2022, to address the smoking of pre-obtained
substances.
     SECTION 2. Chapter 23-12.10 of the General Laws entitled "Harm Reduction Center
Advisory Committee and Pilot Program. [Effective March 1, 2022, and Expires March 1, 2024.]"
is hereby amended by adding thereto the following section:
     23-12.10-6. Sunset.
     On or before January 31, 2026, the director of the department of health and the attorney
general shall submit to the governor, the speaker of the house, and the president of the senate,
recommendations as to continuation of the provisions of this chapter, and unless extended by the
general assembly, the provisions of this chapter shall sunset and expire on March 1, 2026.
     SECTION 3. This act shall take effect upon passage.
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LC000291
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