An Act To Reduce Morbidity and Mortality Related to Opioid Misuse
Maine Legislature, Session 128, LD 1326
Committee: Health and Human Services
Sponsors: VACHON, MASON, CHACE, DENNO, JORGENSEN, MALABY, PARKER, SEAVEY, STEWART, MAKER
Amends: 17-A MRSA §1111, 17-A MRSA §1111-A, 17-A MRSA §1125, 17-A MRSA §1301, 22 MRSA §2353, 22 MRSA §2383-B, 32 MRSA §13787-A

Legislative Document
No. 1326
H.P. 920
House of Representatives, April 4, 2017
An Act To Reduce Morbidity and Mortality Related to Opioid 
Misuse
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative VACHON of Scarborough.
Cosponsored by Senator MASON of Androscoggin and
Representatives: CHACE of Durham, DENNO of Cumberland, JORGENSEN of Portland, 
MALABY of Hancock, PARKER of South Berwick, SEAVEY of Kennebunkport, STEWART 
of Presque Isle, Senator: MAKER of Washington.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1111, as amended by PL 2007, c. 346, Pt. B, §4, is repealed. 
Sec. 2.  17-A MRSA §1111-A, sub-§2, as enacted by PL 1981, c. 266, is 
amended to read: 
2.   For purposes of this section, drug paraphernalia does not include hypodermic 
apparatus apparatuses. Possession of, furnishing Furnishing or trafficking in hypodermic 
apparatus constitute apparatuses constitutes a separate offenses offense under sections 
section 1110 and 1111. 
Sec. 3.  17-A MRSA §1125 is enacted to read: 
§1125.  Exemption from criminal liability for person who seeks medical assistance 
A person who experiences a drug overdose and is in need of medical assistance or a 
person acting in good faith who seeks medical assistance for another experiencing a drug 
overdose may not be arrested, prosecuted or incarcerated under section 1107-A, 1108 or 
1111-A or chapter 49 if the grounds for the arrest, prosecution or incarceration were 
obtained as a result of the person's seeking medical assistance for the drug overdose. 
Sec. 4.  17-A MRSA §1301, sub-§6, as amended by PL 2011, c. 464, §22, is 
further amended to read: 
6.   In addition to any other authorized sentencing alternative, the court shall impose a 
minimum fine of $400, none of which may be suspended, for a person convicted of a 
crime under section 1103; 1104; 1105-A; 1105-B; 1105-C; 1105-D; 1106; 1107-A; 1108; 
1109; 1110; 1111; 1111-A, subsection 4-A; 1116; 1117; or 1118. 
Sec. 5.  22 MRSA §2353, sub-§4, as corrected by RR 2015, c. 1, §19, is amended 
to read: 
4.  Community-based drug overdose prevention programs; standing orders for 
naloxone hydrochloride.  Acting under standing orders from a licensed health care 
professional authorized by law to prescribe naloxone hydrochloride, a public health 
agency that provides services to populations at high risk for a drug overdose may 
establish an overdose prevention program in accordance with rules adopted by the 
department and the provisions of this subsection paragraph C. 
A.  Notwithstanding any other provision of law, an overdose prevention program 
established under this subsection may store and dispense naloxone hydrochloride 
without being subject to the provisions of Title 32, chapter 117 as long as these 
activities are undertaken without charge or compensation. 
B.  An overdose prevention program established under this subsection may distribute 
unit-of-use packages of naloxone hydrochloride and the medical supplies necessary 
to administer the naloxone hydrochloride to a person who has successfully completed 
training provided by the overdose prevention program that meets the protocols and 
criteria established by the department, so that the person may possess and administer 
naloxone hydrochloride to an individual who appears to be experiencing an opioid-
related drug overdose. 
C.  An overdose prevention program established under this subsection must: 
(1)  Educate consumers about safe injection practices, including opioid overdose 
prevention; 
(2)  Provide referrals to additional services, including treatment and recovery 
services for persons with substance use disorders; and 
(3)  Collect and report basic demographic and service-level data derived from the 
services provided. 
The department shall adopt rules to implement this subsection.  Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 6.  22 MRSA §2383-B, sub-§6, as amended by PL 2015, c. 27, §1, is further 
amended to read: 
6.  Lawful possession of hypodermic apparatuses by livestock owners; sale to 
livestock owners.  A person who owns livestock is authorized to possess and have 
control of hypodermic apparatuses for the purpose of administering antibiotics, vitamins 
and vaccines to treat medical conditions or promote the health of that person's livestock, 
and such possession and control are expressly authorized within the meaning of Title 
17-A, section 1111, subsection 1, paragraph A.  For the purposes of this subsection, 
"livestock" means cattle, equines, sheep, goats, swine, members of the genus Lama, 
poultry, rabbits and cervids as defined in Title 7, section 1333, subsection 1. 
A.  An agricultural supply store authorized to sell hypodermic apparatuses pursuant 
to Title 32, section 13787-A, subsection 1 may furnish or sell, without limit in 
number, hypodermic apparatuses to a person authorized to possess and have control 
of hypodermic apparatuses pursuant to this subsection, and such furnishing or sale is 
expressly authorized within the meaning of Title 17-A, section 1110, subsection 1-B. 
Sec. 7.  32 MRSA §13787-A, sub-§3, ¶B, as enacted by PL 1993, c. 394, §2, is 
repealed. 
Sec. 8.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Syringe exchange programs 
Initiative:  Provides funds to support syringe exchange programs pursuant to the Maine 
Revised Statutes, Title 22, section 1341, subsection 4. 
Community-based overdose prevention programs 
Initiative:  Provides funds to support naloxone hydrochloride distribution through 
community-based overdose prevention programs under the Maine Revised Statutes, Title 
22, section 2353, subsection 4.  The award of funds under this initiative for fiscal year 
2017-18 must occur no later than 60 days after the effective date of this Act. 
SUMMARY 
This bill: 
1.  Repeals the provision making possession of a hypodermic apparatus a crime; 
2.  Creates a medical assistance exemption from criminal liability, including arrest, 
prosecution or incarceration, for a person who seeks medical assistance for that person's 
self or another who experiences a drug overdose if the grounds for the arrest, prosecution 
or incarceration were obtained as a result of the person's seeking medical assistance; 
3.  Removes Department of Health and Human Services rule-making authority over 
establishing community-based drug overdose prevention programs and adds statutory 
criteria for the establishment of the programs; and 
4.  Appropriates to the Department of Health and Human Services $75,000 for 
syringe exchange programs and $50,000 for naloxone hydrochloride distribution through 
community-based drug prevention programs for each year of the current biennium. 
GENERAL FUND 
2017-18
2018-19
All Other 
$75,000
$75,000
GENERAL FUND TOTAL 
$75,000
$75,000
GENERAL FUND 
2017-18
2018-19
All Other 
$50,000
$50,000
GENERAL FUND TOTAL 
$50,000
$50,000
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
2017-18
2018-19
GENERAL FUND 
$125,000
$125,000
DEPARTMENT TOTAL - ALL FUNDS 
$125,000
$125,000