| 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. |
| ======== |
| LC000382 |
| ======== |