An Act To Prevent Overdose Deaths
Maine Legislature, Session 129, LD 0949
Committee: Health and Human Services
Sponsors: SYLVESTER, CARDONE, FECTEAU, HANDY, MADIGAN, MOONEN, TALBOT ROSS, WARREN
Amends: 5 MRSA §20056

Legislative Document
No. 949
H.P. 704
House of Representatives, February 21, 2019
An Act To Prevent Overdose Deaths
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SYLVESTER of Portland.
Cosponsored by Representatives: CARDONE of Bangor, FECTEAU of Biddeford, HANDY of 
Lewiston, MADIGAN of Waterville, McCREIGHT of Harpswell, MOONEN of Portland, 
TALBOT ROSS of Portland, WARREN of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §20056 is enacted to read:
§20056.  Safer drug use facilities
1.  Certification.  The department shall certify a safer drug use facility, referred to in 
this section as "a facility," that in the department's determination meets the requirements 
under subsection 2.  A municipal health department under Title 22, section 411, 
subsection 10, community-based organization, hospital or health center may apply to the 
department for certification of a facility pursuant to this subsection with the consent of 
the municipal officers of the municipality in which the facility is located.  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 may prevent the certification of the 
proposed facility. An applicant who receives a denial under this subsection may appeal 
the denial to the commission; a majority vote of the commission is binding. A denied 
applicant may reapply for certification at any time after denial.
2.  Facility requirements.  In order to qualify for certification under subsection 1, a 
facility shall:
A.  Provide a location supervised by a health care professional and other 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.  Provide testing for human immunodeficiency virus, viral hepatitis and sexually 
transmitted infections and educate clients on the risks of contracting human 
immunodeficiency virus, viral hepatitis and sexually transmitted infections;
F.  Answer questions about safer injection practices;
G.  Administer first aid, monitor clients for potential overdose and administer 
medications to relieve an acute exacerbation of a health condition;
H.  Provide referrals to services, including substance use disorder counseling and 
treatment, reproductive health education and services and wound care; and
I.  Provide reasonable and adequate security of the facility and equipment.
3.  Facility revenue.  A facility may bill an insurance carrier of a client for the costs 
of covered services; accept a donation, grant or other financial assistance; and apply for a 
grant from the department or any nonprofit or private organization.
4.  Report to department.  A facility shall collect and report to the department 
aggregate demographic information, data acquired at the facility level and outcomes and 
other information required by the department under subsection 5. A facility shall keep 
private health information confidential in accordance with federal and state law regarding 
confidentiality of personal health care information and may not disclose the information 
without the explicit written consent of the client who is the subject of the health care 
information, except as required by federal or state law. A facility shall provide a detailed 
report under this subsection to the department on or before November 15th of each year 
for the prior 12-month period ending on October 31st.
5.  Department duties.  The department shall define by rule the demographic 
information and data acquired at the facility level to be collected and reported by a 
facility under subsection 4 and evaluate the data provided by the facility to gauge 
program effectiveness and identify best practices in the operation of a facility. The 
department shall evaluate the effectiveness of all facilities certified under subsection 1 
and 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.
6.  Immunity from arrest and prosecution.  A person acting in accordance with this 
section, including a client who uses the services of a facility; a staff member and 
contractor of a facility, including a health care professional, manager, employee and 
volunteer; and a facility's owner, may not be:
A.  Arrested, prosecuted or subject to any civil or administrative penalty, including 
civil or disciplinary action by a professional licensing board;
B.  Denied any right or privilege for involvement in the operation or use of services 
of a facility; or
C.  Subject to the seizure or forfeiture of any real or personal property used in 
connection with a facility.
This subsection does not apply to a person engaging in any activity not authorized or 
approved under this section.
7.  Tolerance zone.  A person may not be arrested, prosecuted or subject to a 
revocation of probation for a violation of Title 17-A, section 1107-A, 1108, 1111 or 
1111-A if the grounds for the arrest, prosecution or probation revocation were obtained 
within 1/2 mile of the facility.
8.  Rules.  The department may adopt routine technical rules as defined by chapter 
375, subchapter 2-A to carry out the provisions of this section.
Sec. 2.  Establishment of safer drug use facilities; review.  The Department 
of Health and Human Services shall certify 2 safer drug use facilities under the Maine 
Revised Statutes, Title 5, section 20056 in locations the department determines to most 
effectively reach the appropriate populations in the State.  The department shall review 
the effectiveness of the facilities to determine whether to continue operation of the 
facilities or certify additional facilities.  On or before November 4, 2021, the department 
shall submit a report on the review and the department's conclusions to the joint standing 
committee of the Legislature having jurisdiction over health and human services matters.
SUMMARY
This bill directs the Department of Health and Human Services to certify 2 facilities 
in the State to provide safe and secure locations for people to self-administer previously 
obtained drugs.  The bill requires the facilities to have health care personnel and other 
trained staff, to provide information concerning drug overdoses and diseases associated 
with drug use, to administer first aid or other medications in case of an overdose and to 
provide referrals to other services that clients of the facilities may need.  The bill provides 
immunity from arrest or prosecution to clients and staff members acting in accordance 
with the provisions of the bill and creates a tolerance zone within 1/2 mile of each 
facility.  The facilities are directed to report certain demographic and other information to 
the department, which is directed to analyze the information and report to the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters. The department is also directed to review the effectiveness of the facilities to 
determine whether to open additional facilities.