An Act To Prevent Overdose Deaths
Maine Legislature, Session 129, LD 0949
Committee Amendment CA_A_H571 (House)

COMMITTEE AMENDMENT "//" to H.P. 704, L.D. 949, Bill, "An Act To 
Prevent Overdose Deaths" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA c. 521, sub-c. 3-A is enacted to read: 
SUBCHAPTER 3-A 
OVERDOSE PREVENTION SITES 
§20056. Precertification 
A facility must be precertified by the department in order to qualify for a referendum 
for certification pursuant to section 20057. For the purposes of this subchapter, "facility
means an overdose prevention site that meets the qualifications and requirements of this 
section. 
1. Qualifications of an applicant. The department may precertify a facility to be 
operated by an applicant only if the applicant 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; 
C. Overdose prevention and reversal programs that include overdose prevention, 
identification ofrisk 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 basic demographic and service-level data. 
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COMMITTEE AMENDMENT .. 4 
"to H.P. 704, L.D. 949 
2. Facility requirements. The department may precertify a facility to be operated 
by an applicant only if the applicant demonstrates that the facility is able to provide: 
A. 
A location supervised by trained staff where a client may self-administer 
previously obtained drugs: 
B. 
Sterile drug use supplies, collect used hypodermic needles and syringes and 
provide secure hypodermic needle and syringe disposal services; 
C. Overdose prevention education; 
D. Distribution or administration ofnaloxone hydrochloride; 
E. Education to clients on the risks of contracting human immunodeficiency virus, 
viral hepatitis and sexually transmitted infections: 
F. Information about safer drug use practices: 
G. Monitoring of clients for potential overdose: 
H. Referrals to services, including substance use disorder counseling and treatment. 
reproductive health education and services and wound care: 
I. Reasonable and adequate security of the facility, equipment. staff and clients: and 
J. The reports required under section 20059. 
3. Process. This subsection governs the process for precertification of a facility by 
the department. 
A. 
An applicant that meets the qualifications of subsection 1 may apply to the 
department for precertification as a facility that meets or wiUmeet the requirements 
of this sub chapter. 
B. Upon receipt of an application under paragraph A, the department shall determine 
whether the applicant and the proposed facility meet the qualifications and 
requirements of subsections 1 and 2. The department shall notify the applicant of the 
department's determination within 45 days of receipt of the application. 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 
qualifications and requirements of subsections 1 and 2. the department shall 
precertify the facility. 
§20057. Municipal approval 
A facility that is precertified by the department under section 20056 may be certified 
by the department only if the facility is approved by referendum vote in accordance with 
this section. 
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. 
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COMMITTEE AMENDMENT ·A "to H.P. 704, L.D. 949 
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 less. 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 an overdose prevention site 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 "Yes" or "No" 
their opinion of the same. The municipal clerk shall certify the results and send the results 
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 in that municipality equals or 
exceeds 20% of the total number of votes cast in that municipality in the most recent 
gubernatorial election. 
3. Certification. If fewer than 2 facilities have been certified in the State under this 
subchapter. the department shall certify a facility approved pursuant to subsection 2. If 2 
or more facilities have been certified in the State under this subchapter. the department 
may certify a facility approved pursuant to subsection 2. 
§20058. Facility funding 
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 certified 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 
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. 
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COMMITTEE AMENDMENT "A "to H.P. 704, L.D. 949 
2. Reports by the department. The department shall evaluate the effectiveness of 
all facilities certified under section 20057 to determine whether to continue operation of 
the facilities and whether additional facilities should be certified. Beginning January 31, 
2021, 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. "Applicable law" includes: 
(1) Title 17-A. section 1106: 
(2) Title 17-A, section 1107-A: 
(3) Title 17-A, section 1110: 
(4) Title 17-A, section 1111: 
(5) Title 17-A, section 1111-A: and 
(6) A condition of probation imposed under Title 17-A, chapter 67, subchapter 1 
related to the use or possession of drugs or drug paraphernalia as defined in Title 
17-A, section 1111-A. 
B. "Authorized activities of a facility" means the activities described in section 
20056, subsection 2 of a certified facility. 
C. "Certified facility" means a facility certified under section 20057, subsection 3. 
2. Exemption from criminal liability. Notwithstanding any provision of law to the 
contrary: 
A. A person or entity, including but not limited to, property owners, managers, 
contractors, employees, volunteers and clients or participants of a certified facility 
may not be arrested, charged or prosecuted for a violation of applicable law, 
including for attempting to commit. aiding or abetting the commission of or 
conspiring to commit a violation of applicable law, or be subject to any civil or 
administrative penalty or liability. including but not limited to, disciplinary action by 
a . professional licensing board, credentialing restrictions, contractual liability and 
medical staff or other employment action, or be denied any right or privilege solely 
for actions or conduct related to authorized activities of a facility; 
B. The provisions of Title 15, chapter 517 do not apply to a certified facility. and real 
or personal property may not be seized by a law enforcement officer, in connection 
with authorized activities of a facility. 
C. Using the services of a certified facility is not grounds for probable cause to stop 
or search a participant or client of the certified facility. 
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COMMITTEE AMENDMENT" A" to H.P. 704, L.D. 949 
§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. 
§20060-B. Protection from federal interference 
In the event the Federal Government attempts to stop the operation of a certified 
facility, the State shall defend any civil or criminal action against the named defendants 
or provide adequate funds for a private legal defense. 
Sec. 2. Rulemaking. 
The Department of Health and Human Services shall 
provisionally adopt rules to implement the Maine Revised Statutes, Title 5, chapter 521, 
subchapter 3-A no later than January 12, 2020. 
Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Division of Licensing and Certification Z036 
Initiative: Provides funding for a contract with a 3rd party to conduct a program 
evaluation. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2019-20 
$150,000 
$150,000 
2020-21 
$150,000 
$150,000 
Division of Licensing and Certification Z036 
Initiative: Provides funding for one Social Services Program Specialist II position and 
one ·Office Associate II position to manage the overdose prevention sites 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 
DEPARTMENT TOTALS 
2019-20 
2.000 
$153,607 
$12,795 
$166,402 
2019-20 
COMMITTEE AMENDMENT 
2020-21 
2.000 
$159,172 
$12,795 
$171,967 
2020-21 
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COMMITTEE AMENDMENT ·fi" to H.P. 704, L.D. 949 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SUMMARY 
$316,402 
$316,402 
$321,967 
$321,967 
This amendment, which is the minority report of the committee, replaces the bill. It 
makes the following changes to the bill. 
1. It changes the term "safer drug use facility" to "overdose prevention site." 
2. It establishes qualifications and requirements for an overdose prevention site. 
3. It provides for a municipal referendum on the location of an overdose prevention 
site within that municipality. 
4. 
It includes additional violations for which a person may not be arrested, 
prosecuted or subject to a revocation of probation. 
5. It requires the State to defend in criminal or civil action or provide funding for 
private defense in the event that the Federal Government attempts to stop the operation of 
an overdose prevention site. 
6. 
It changes the authority for the Department of Health and Human Services 
rulemaking from routine technical to major substantive. 
7. It adds an appropriations and allocations section for funding for a contract with a 
3rd party for program evaluation and 2 positions within the Department of Health and 
Human Services, Division of Licensing and Regulatory Services. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/09/19 :tWa<:::. 
LD949 
LR267(02) 
An Act To Prevent Overdose Deaths 
Fiscal Note for Bill as Amended by Committee Amendment,,, (Jl,-S79 
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 2019-20 
FY 2020-21 
$316,402 
$321,967 
$316,402 
$321,967 
Projections 
FY 2021-22 
$327,532 
$327,532 
Projections 
FY 2022-23 
$333,293 
$333,293 
The bill includes General Fund appropriations to the Department of Health and Human Services of $316,402 in fiscal 
year 2019-20 and $321,967 in fiscal year 2020-21 for one Social Services Program Specialist II position and one 
Office Associate Il position to manage the Overdose Prevention Sites program within the Division of Licensing and 
Regulatory Services and for a contract with a 3rd party to conduct a program evaluation. 
Any additional costs to the Office of the Attorney General to defend the State in any criminal or civil action are 
expected to be absorbed within existing budgeted resources. 
LR0267(02) - Fiscal Note - Page 1 of 1