Chapter 008 |
2023 -- H 5044 Enacted 04/07/2023 |
A N A C T |
RELATING TO HEALTH AND SAFETY -- HARM REDUCTION CENTER ADVISORY COMMITTEE AND PILOT PROGRAM |
Introduced By: Representatives Edwards, Caldwell, Kazarian, Potter, Alzate, Casimiro, Kislak, Felix, Abney, and Craven |
Date Introduced: January 11, 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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LC000382 |
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