Senate Bill #16 (2021)

AN ACT RELATING TO HEALTH AND SAFETY - HARM REDUCTION CENTER ADVISORY COMMITTEE AND PILOT PROGRAM

Creates pilot program to establish harm reduction centers where use of pre-obtained controlled substances may occur under supervision of health care professionals

View latest version | View original version
View status on official RI website

Subscribe to email updates


Changes since original draft

  • 2021 – S 0016
  • 2021 – S 0016 SUBSTITUTE A
  • ========
  • LC000618
  • LC000618/SUB A
  • ========
  • S T A T E O F R H O D E I S L A N D
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2021
  • JANUARY SESSION, A.D. 2021
  • ____________
  • A N A C T
  • RELATING TO HEALTH AND SAFETY - HARM REDUCTION CENTER ADVISORY
  • COMMITTEE AND PILOT PROGRAM
  • RELATING TO HEALTH AND SAFETY - HARM REDUCTION CENTER ADVISORY
  • COMMITTEE AND PILOT PROGRAM
  • IntroducedBy: SenatorsMiller,Goodwin,McCaffrey,Archambault,Lombardi,Ciccone,
  • Quezada, Lombardo, Sosnowski, and Murray
  • Quezada, Lombardo, Sosnowski, and Murray
  • Date Introduced: January 15, 2021
  • Referred To: Senate Health & Human Services
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter:
  • CHAPTER 12.10
  • HARM REDUCTION CENTER ADVISORY COMMITTEE AND PILOT PROGRAM
  • 23-12.10-1. Purpose and creation.
  • (a) The purpose of this chapter is to authorize a pilot program to prevent drug overdoses through the establishment of harm reduction centers, which are locations where persons may safely consume pre-obtained controlled substances.
  • (b) Each harm reduction center shall provide the necessary health care 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 section. Nothing contained in this section authorizes a harm reduction center without approval of the municipality in which the center is proposed.
  • 23-12.10-2. Establishment of advisory committee.
  • There is hereby established an advisory committee to advise the director of the department of health with respect to the regulations necessary to effectuate the purpose of this chapter. The advisory committee shall be chaired by the director of the department of health, or the director designee, and consist of nine (9) additional members: one of whom shall be the attorney general or designee; one member from the Rhode Island Medical Society; one member from the Hospital Association of Rhode Island; one member from the Rhode Island chapter of the American Society of Addiction Medicine; and five (5) members approved by the governor, one of whom shall be a person with a substance abuse disorder; one of whom shall be a person working in overdose prevention; one of whom shall be a current or former law enforcement official; one of whom shall be a representative of the Rhode Island League of Cities and Towns; and one of whom shall be a family member of a person who suffered a fatal drug overdose.
  • 23-12.10-3. Role of advisory committee.
  • (a) The advisory committee shall make recommendations to the director of the department of health with respect to the following:
  • (1) Maximizing the potential public health and safety benefits of harm reduction centers;
  • (2) The proper disposal of hypodermic needles and syringes;
  • (3) The recovery of persons utilizing such harm reduction centers;
  • (4) Federal, state and local laws impacting the creation and operation of the harm reduction centers;
  • (5) Appropriate guidance to relevant professional licensing boards;
  • (6) Potential collaboration with other public health efforts;
  • (7) Consideration of any other factors beneficial to promoting the public health and safety; and
  • (8) Liability protection for property owners, harm reduction staff, and volunteers and participants, from criminal or civil liability resulting from the operation of a harm reduction center.
  • 23-12.10-4. Promulgation of regulations.
  • The director of the department of health shall promulgate regulations authorized by this chapter no later than January 1, 2022, and such regulations shall be transmitted to the general assembly.
  • SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter:
  • CHAPTER 12.10
  • HARM REDUCTION CENTER ADVISORY COMMITTEE AND PILOT PROGRAM
  • 23-12.10-1. Purpose and creation.
  • (a) The purpose of this chapter is to authorize, design, and regulate a proven approach to prevent drug overdoses through the establishment of "harm reduction centers", which as used in thischaptershallbedefinedasacommunitybasedresourceforhealthscreening,diseaseprevention and recovery assistance where persons may safely consume pre-obtained controlled substances.
  • (b) Each harm reduction center shall provide the necessary medical supervision 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 section. Nothing contained in this section authorizes a harm reduction center without approval of the municipality in which the center is proposed.
  • 23-12.10-2. Establishment of advisory committee.
  • There is hereby established an advisory committee to advise the director of the department of health with respect to the regulations necessary to effectuate the purpose of this chapter. The advisory committee shall be chaired by the director of the department of health, or the director's designee, and consist of nine (9) additional members: one of whom shall be the attorney general or designee; one member from the Rhode Island Medical Society; one member from the Hospital Association of Rhode Island; one member from the Rhode Island chapter of the American Society of Addiction Medicine; and five (5) members approved by the governor, one of whom shall be a person who has been recently incarcerated and currently being treated for a substance abuse disorder; one of whom shall be a person who identifies as a person in recovery who works in the fieldof overdose preventionor recovery; one of whomshall beacurrent or former law enforcement official; one of whom shall be a representative of the Rhode Island League of Cities and Towns; and one of whom shall be a person who has suffered a drug overdose or a family member thereof.
  • 23-12.10-3. Role of advisory committee.
  • (a) The advisory committee shall make recommendations to the director of the department of health with respect to, but not limited to, the following:
  • (1) Maximizing the potential public health, disease prevention, and safety benefits of harm reduction centers;
  • (2) The proper disposal of hypodermic needles and syringes;
  • (3)The appropriate referral resources available to assist in the recoveryof persons utilizing such harm reduction centers;
  • (4) Federal, state and local laws impacting the creation and operation of the harm reduction centers;
  • (5) Appropriate guidance to relevant professional licensing boards;
  • (6) Potential collaboration with other medical and public health efforts;
  • (7) Consideration of any other factors beneficial to promoting the public health and safety;
  • (8) Regulatory process for a harm reduction center to provide for medically supervised consumption;
  • (9) Public education of the need for the establishment of harm reduction centers;
  • (10) Data tracking;
  • (11) Appropriate staffing requirements to ensure the safe operation of harm reduction centers;
  • (12) Any factors necessary to promote the sustainability of harm reduction centers; and
  • (13) Educating law enforcement and other appropriate state and municipal officials about the immunity from liability granted individuals and entities in the creation and operation of harm reduction centers; as established by this chapter.
  • 23-12.10-4. Liability protections.
  • Notwithstandinganyother law to the contrary, a personor entity, including, but not limited to, property owners, managers, employees, volunteers, clients or participants, and state, city, or town government employees acting in the course and scope of employment, shall not be arrested, charged, or prosecuted pursuant to §§ 21-28-4.01(c)(1), 21-28-4.06, 21-28-4.08, 21-28-5.06, or 21- 28.5-2, including for attempting, aiding and abetting, or conspiracy to commit a violation of any of those sections; nor have their property subject to forfeiture; nor be subject to any civil or administrative penalty, including, but not limited to, disciplinary action by a professional licensing board, credentialing restrictions, contractual or civil liability, or medical staff or other employment action; nor be denied any right or privilege for actions, conduct, or omissions relating to the approval or operation of a harm reduction center in compliance with this chapter and any rules and regulations promulgated pursuant to this chapter.
  • 23-12.10-5. Promulgation of rules and regulations.
  • The director of the department of health shall promulgate rules and regulations authorized by this chapter no later than January 1, 2022, and such rules and regulations shall be transmitted to the appropriate heads of municipalities, and any other agencies and organizations the director deems appropriate.
  • SECTION 2. This act shall take effect upon passage.
  • ========
  • LC000618
  • LC000618/SUB A
  • ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • A N A C T
  • RELATING TO HEALTH AND SAFETY - HARM REDUCTION CENTER ADVISORY
  • COMMITTEE AND PILOT PROGRAM
  • ***
  • Thisact would createa pilot programto establishharmreductioncenters,facilitieswherein persons may use pre-obtained controlled substances under the supervision of health care professionals. The director of the department of health, with the advice of an advisory committee, would promulgate regulations on or before January 1, 2022 with respect to this act.
  • This act would take effect upon passage. ======== LC000618 ========
  • COMMITTEE AND PILOT PROGRAM
  • ***
  • This act would create a pilot program to establish harm reduction centers as facilities wherein persons may use pre-obtained controlled substances under the supervision of health care professionals. The director of the department of health, with the advice of an advisory committee, would promulgate rules and regulations on or before January 1, 2022 for the implementation of the pilot program.
  • This act would take effect upon passage. ======== LC000618/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for COMMITTEE AND PILOT PROGRAM

February 23, 2021 at 5:35pm
Yeas: 34 / Nays: 3 / Not voting: 1 / Recused: 0
Legislator Vote
Sen. Acosta Y
Sen. Algiere Y
Sen. Anderson Y
Sen. Archambault Y
Sen. Bell Y
Sen. Burke Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone NV
Sen. Coyne Y
Sen. Cruz N
Sen. DiMario Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Kallman Y
Sen. Lawson Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Mack Y
Sen. McCaffrey Y
Sen. Mendes Y
Sen. Miller Y
Sen. Morgan N
Sen. Murray Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers N
Sen. Ruggerio Y
Sen. Seveney Y
Sen. Sosnowski Y
Sen. Valverde Y