2023 -- S 0026

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LC000291

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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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

     Referred To: Senate Health & Human Services

     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 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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- HARM REDUCTION CENTER ADVISORY

COMMITTEE AND PILOT PROGRAM

***

     This act would extend the expiration date of the Harm Reduction Center Advisory

Committee and Pilot Program by two years, from March 1, 2024, to March 1, 2026. Each harm

reduction center would have to cease operations on or before March 1, 2026. The act would also

permit the smoking of pre-obtained substances within a harm reduction center.

     This act would take effect upon passage.

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