An Act To Require Housing Facilities for Persons with Substance Use Disorder Be Equipped with Naloxone
Maine Legislature, Session 129, LD 0303
Committee Amendment CA_A_H406 (House)
Amends: 17-A MRSA §1111-B, 22 MRSA §2353

COMMITTEE AMENDMENT 'ft " to H.P. 227, L.D. 303, Bill, "An Act To 
Require Housing Facilities for Persons with Substance Use Disorder Be Equipped with 
Naloxone" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Require Recovery Residences for Persons with Substance Use Disorder 
Be Equipped with Naloxone and To Exempt from Criminal Liability Persons 
Administering Naloxone' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 17-A MRSA §1111-B, as enacted by PL 2019, c. 137, §1, is amended to 
read: 
§1111-B. Exemption from criminal liability for reporting a drug-related medical 
emergency or administering naloxone 
A person who in good faith seeks medical assistance for or administers naloxone 
hydrochloride to another person experiencing a drug-related overdose. or who is 
experiencing a drug-related overdose and is in need of medical assistance may not be 
arrested or prosecuted for a violation of section 1107-A, 1108, 1111 or 1111-A or a 
violation of probation as authorized by chapter 49 if the grounds for arrest or prosecution 
are obtained as a result of the person's seeking medical assistance, administering 
naloxone hydrochloride or experiencing a drug-related overdose. 
Sec. 2. 22 MRSA §2353, sub-§1, ,rE is enacted to read: 
E. "Recovery residence" means a shared living residence for individuals recovering 
from substance use disorder that is focused on peer support, provides to its residents 
an environment free of alcohol and illegal drugs and assists its residents by 
connecting the residents to support services or resources in the community that are 
available to persons recovering from substance use disorder. 
COMMITTEE AMENDMENT 
A. of 3. 
COMMITTEE AMENDMENT ·A "to H.P. 227, L.D. 303 
Sec. 3. 22 MRSA §2353, sub-§4-A is enacted to read: 
4-A. Recovery residences; standing orders for naloxone hydrochloride. Acting 
under standing orders from a licensed health care professional authorized by law to 
prescribe naloxone hydrochloride, a recovery residence shall operate in accordance with 
rules adopted by the department and the provisions of this subsection. 
A. Notwithstanding any provision of law to the contrary, a recovery residence shall 
store and dispense naloxone hydrochloride and is not subject to the provisions of 
Title 32, chapter 117. The recovery residence shall store on site at least 2 units of 
naloxone hydrochloride for each floor of the recovery residence. 
B. 
A recovery residence shall provide training in administration of naloxone 
hydrochloride that meets the protocols and criteria established by the department, and 
residents of the recovery residence, employees of the recovery residence and all other 
persons involved in the administration of a recove1y residence shall successfully 
complete the training. 
C. 
A licensed health care professional authorized by law to prescribe naloxone 
hydrochloride shall distribute unit-of-use packages ofnaloxone hydrochloride and the 
medical supplies necessary to administer the naloxone hydrochloride to a recovery 
residence that has provided training described in paragraph B so that the recovery 
residence may possess and administer naloxone hydrochloride to an individual who 
appears to be experiencing a drug-related overdose. 
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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the unanimous report of the committee, strikes and 
replaces the bill and does the following. 
1. It makes the requirements of the bill apply only to recovery residences and not to 
other housing-based programs and expands the definition of "recovery residence." 
2. It changes the requirement for on-site storage of naloxone hydrochloride from at 
least one unit for every 3 residents of a housing-based program to at least 2 units for each 
floor of a recovery residence. 
3. It exempts from arrest or prosecution a person who in good faith administers 
naloxone hydrochloride to another person experiencing a dtug-related overdose. The 
person may not be arrested or prosecuted for a violation of laws prohibiting the unlawful 
possession of scheduled drugs, acquiring drugs by deception, the illegal possession of 
hypodermic apparatuses or the use of drug paraphernalia or a violation of probation if the 
grounds for arrest or prosecution are obtained as a result of the person's administering 
naloxone hydt·ochloride. 
COMMITTEE AMENDMENT 
It ot S, 
COMMITTEE AMENDMENT ·A "to H.P. 227, L.D. 303 
4. It removes the requirement that full-time employees of a housing-based program 
receive training and provides instead that residents of a recove1y residence, employees of 
a recovery residence and all other persons involved in the administration of a recovery 
residence are required to successfully complete training in the administration of naloxone 
hydrochloride that meets the protocols and criteria established by the Department of 
Health and Human Services. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/23/19 feac 
LD303 
LR 695(02) 
An Act To Require Housing Facilities for Persons with Substance Use Disorder Be Equipped with 
Naloxone 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'lt,•{/f-1{)6) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Health and Human Services to adopt rules to implement the provisions of 
this bill are expected to be minor and can be absorbed within existing budgeted resources. 
LR0695(02) - Fiscal Note - Page 1 of 1