An Act To Prevent Overdose Deaths and Infectious Diseases by Establishing Safer Drug Use Facilities
Maine Legislature, Session 128, LD 1375
Committee Amendment CA_A_H501 (House)

COMMITTEE AMENDMENT "A" to H.P. 954, L.D. 1375, Bill, "An Act To 
Prevent Overdose Deaths and Infectious Diseases by Establishing Safer Drug Use 
Facilities" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec.1. 5 MRSA c. 521, sub-c. 3-A is enacted to read: 
SUBCHAPTER 3-A 
SAFER DRUG USE FACILITIES 
§20054. Definitions 
·- -·~. __ _ 
As used in this subchapter, unless th~ntext otherwise indicates, the following 
terms have the following meanings. 
1. Facility. "Facility" means a safer drug use facility that meets the qualifications 
and requirements of section 20055. 
§20055. Precertification 
The department must precertify a facility in accordance with this section prior to a 
referendum pursuant to section 20056. 
1. Qualifications of an applicant. The department may precertify an entity as a 
facility to be operated by an applicant only if the entity has established: 
A. Services for people currently using opioids, with a history of using opioids or 
seeking treatment for opioid use; 
B. 
Standing orders for naloxone hydrochloride from a licensed health care 
professional authorized by law to prescribe naloxone hydrochloride; 
COMMITTEE AMENDMENT 
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COlv[MITTEE AMENDMENT ·A "to H.P. 954, L.D. 1375 
C. 
Overdose prevention and reversal programs that include overdose prevention, 
identification of risk factors and overdose reversal techniques; 
D. Referral networks, which may include agreements with primary care providers, 
drug treatment providers and social services providers; and 
E. Systems by which to collect and report on basic demographic and service-level 
data. 
2. Facility requirements. In order for a facility to be precertified under this section, 
an applicant must demonstrate that the applicant is able to: 
A. Provide a location supervised by trained staff where a client may self-administer 
previously obtained drugs; 
B. Provide sterile drug use supplies, collect used hypodermic needles and syringes 
and provide secure hypodermic needle and syringe disposal services; 
C. Provide overdose prevention education; 
D. Distribute or administer naloxone hydrochloride; 
E. Educate clients on the risks of contracting human immunodeficiency virus, viral 
hepatitis and sexually transmitted infections; 
F. Answer questions about safer injection practices; 
G. Monitor clients for potential overdose; 
H. Provide refenals to services, including substance use disorder counseling and 
treatment, reproductive health education and services and wound care; 
I. Provide reasonable and adequate security of the facility, equipment, staff and 
clients; and 
J. Meet the reporting requirements in section 20059. 
3. Process. This subsection govems the process for precertification of a facility by 
the department. 
A. 
An entity that meets the qualifications of subsection 1 may apply to the 
depaiiment for precertification as a facility that meets or will meet the requirements 
of this subchapter. 
B. Upon receipt of an application under paragraph A, the department shall determine 
whether the applicant and the proposed facility meet the requirements of subsections 
and 2. The department shall notify the applicant of the department's determination 
within 45 days of receipt of the application, and, if the department denies the 
application, the department shall include with the denial a written explanation of the 
department's determination, including an explanation of any defects in the application 
that prevented precertification of the proposed facility. A denied applicant may 
reapply for precertification at any time after denial. If the department determines that 
the applicant and the proposed facility meet the requirements of subsections 1 and 2, 
the department shall precertify the facility. 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT ,A "to H.P. 954, L.D. 1375 
§20056. Municipal approval 
A facility that is precertified by the department under section 20055 may be certified 
by the department only if the facility is approved by referendum vote in accordance with 
this section and section 20057. 
1. Consent or petition. The submission of a question of whether to approve a 
precertified facility to the legal voters of a municipality is governed by this subsection. 
A. The municipal officers of the municipality in which a precertified facility is 
proposed to be located may submit the question of whether to approve the facility to 
the legal voters of the municipality. 
B. 
The municipal officers must submit the question of whether to approve a 
precertified facility to the legal voters of the municipality upon receiving a written 
petition, signed by at least 5% of the registered voters in the municipality or signed 
by at least 500 registered voters in the municipality, whichever is lower, requesting 
that the question be submitted to the legal voters of the municipality. 
2. Referendum. The petition process and voting must be held and conducted in 
accordance with Title 30-A, sections 2528, 2529 and 2532 even if the municipality has 
not accepted the provisions of Title 30-A, section 2528. The voting at elections must be 
held and conducted in accordance with Title 21-A. The municipal clerk shall prepare the 
required ballots, which must contain a question in substantially the following form: 
"Do you favor the establishment of a safer drug use facility for the 
purposes of preventing overdoses of persons who use opioids and 
encouraging safer drug use practices in [this municipality]?" 
The voters shall indicate by a cross or check mark placed against the word 
11Yes
or "No" 
their opinion of the same. The municipal clerk shall make a return of the results, certify 
the results and send them to the Secretary of State. The Secretary of State shall forward 
the results to the department. 
A facility is approved under this section if it is accepted by a majority of the legal voters 
voting at the election and the total number of votes cast equals or exceeds 20% of the 
total number of votes cast in that municipality in the most recent gubernatorial election. 
§20057. Certification 
If fewer than 2 facilities have been certified in the State under this chapter, the 
department must certify a facility approved under section 20056. 
§20058. Facility revenue 
A facility may accept a donation, grant or other financial assistance and may apply 
for a grant from the department or any nonprofit or private organization. A facility may 
not be denied financial assistance solely because it operates as a facility. 
§20059. Reports 
1. Reports by a facility. A facility ce1tified under section 20057 shall collect and 
report to the department aggregate demographic information about persons who use the 
facility as well as information about the services provided and other information required 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A" to H.P. 954, L.D. 1375 
by the department under this section. A facility certified under section 20057 shall 
provide a report under this section to the department on or before November 15th of each 
year for the prior 12-month period ending on October 31st. The department shall define 
by rule the demographic data and other information to be collected and reported by a 
facility under this section. 
2. Reports by the department. The department shall evaluate the effectiveness of 
all facilities certified under section 20057 to dete1mine whether to continue operation of 
the facilities and whether additional facilities should be certified. Beginning January 31, 
2020, the department shall submit a report of the evaluation accompanied by individual 
facility reports to the joint standing committee of the Legislature having jurisdiction over 
health and human services matters on or before January 31st of each year. 
§20060. Exemption from criminal liability 
1. 
Definitions. 
For the purposes of this section, unless the context otherwise 
indicates, the following terms have the following meanings. 
A. 
11Applicable law
includes: 
(1) Title 17-A, section 1107-A; 
(2) Title 17-A, section 1111-A; or 
(3) A condition of probation imposed under Title 17-A, chapter 49 related to the 
use or possession of drugs or drug paraphernalia as defined in Title 17-A, section 
1111-A. 
B. 
11Authorized activities of a facility
means the activities of a certified facility 
described in section 20055, subsection 2. 
C. 
11Certified facility
means a facility certified under section 20057. 
D. 
11Detention
has the same meaning as in Title 15, section 3003, subsection 4-B. 
2. Exemption from criminal liability. Notwithstanding any other provisions of 
law: 
A. 
A person who uses the services of a certified facility may not be arrested, 
prosecuted or held in detention for a violation of applicable law on the premises of 
the certified facility; 
B. A staff member of a certified facility, including but not limited to a manager or 
employee of the facility, a contractor of the facility, a volunteer with the facility or an 
owner or lessor of the facility may not be arrested, prosecuted or held in detention for 
any criminal violation directly related to engaging in authorized activities of a facility 
on the premises of that facility; and 
C. The provisions of Title 15, chapter 517 do not apply to a certified facility in 
connection with authorized activities at the facility and real or personal property may 
not be seized by a law enforcement officer. 
COMMITTEE AMENDMENT 
ROFS 
COM:MITIEE AMEND.MENT "Pt to H.P. 954, L.D. 1375 
§20060-A. Rules 
The department shall adopt major substantive rules as defined by chapter 375, 
subchapter 2-A to carry out the provisions of this subchapter. 
Sec. 2. 
Rulemaking. 
The Department of Health and Human Services shall 
provisionally adopt rules to implement the Maine Revised Statutes, Title 5, Part 25, 
chapter 521, subchapter 3-A no later than January 12, 2018. 
Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Division of Licensing and Regulatory Services Z036 
Initiative: Provides funding for a contract with a 3rd party to conduct a program 
evaluation. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2017-18 
$150,000 
$150,000 
2018-19 
$150,000 
$150,000 
Division of Licensing and Regulatory Services Z036 
Initiative: Provides funding for one Social Services Program Specialist II position and 
one Office Associate II position to manage the Safer Drug Use Facilities program within 
the Division of Licensing and Regulatory Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENTTOTAL-ALLFUNDS 
2017-18 
2.000 
$144,414 
$12,572 
$156,986 
2017-18 
$306,986 
$306,986 
COMMITTEE AMENDMENT 
2018-19 
2.000 
$149,160 
$12,572 
$161,732 
2018-19 
$311,732 
$311,732 
COMMITTEE AMENDMENT ·A "to H.P. 954, L.D. 1375 
SUMMARY 
This amendment is the minority report of the committee and replaces the bill. It 
establishes a precertification process within the Department of Health and Human 
Services that would review the qualifications of an applicant seeking to open a safer drug 
use facility and it establishes requirements for such a facility. 
It provides certain 
exemptions from criminal liability for clients and staff members of a facility. It provides 
for a referendum process at the municipal level for municipalities to approve the 
establishment of a safer drug use facility. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/17 :Wac:.. 
LD 1375 
LR 1888(02) 
An Act To Prevent Overdose Deaths and Infectious Diseases by Establishing Safer Drug Use Facilities 
Fiscal Note for Bill as Amended by Committee Amendment •fr LJt-5:))\ 
Committee: Health and Human Services 
) 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY2018-19 
$306,986 
$311,732 
$306,986 
$311,732 
Projections 
FY2019-20 
$316,970 
$316,970 
Projections 
FY2020-21 
$322,538 
$322,538 
The bill includes General Fund appropriations to the Department of Health and Human Services of $306,986 in fiscal 
year 2017-18 and $311, 732 in fiscal year 2018-19 for one Social Services Program Specialist II position and one 
Office Associate II position to manage the Safer Drug Use Facilities program within the Division of Licensing and 
Regulatory Services and for a contract with a third party to conduct a program evaluation. 
LR1888(02)- Fiscal Note - Page 1 of 1