An Act to Establish a Pilot Project Regarding Harm Reduction Health Centers
Maine Legislature, Session 131, LD 1159
Committee: Health and Human Services
Sponsors: OSHER, BEEBE-CENTER, ABDI, BOYER, CRAFTS, DHALAC, RISEMAN, ROEDER, SAYRE

Legislative Document
No. 1159
H.P. 731
House of Representatives, March 14, 2023
An Act to Establish a Pilot Project Regarding Harm Reduction 
Health Centers
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative OSHER of Orono.
Cosponsored by Senator BEEBE-CENTER of Knox and
Representatives: ABDI of Lewiston, BOYER of Poland, CRAFTS of Newcastle, DHALAC of 
South Portland, LaROCHELLE of Augusta, RISEMAN of Harrison, ROEDER of Bangor, 
SAYRE of Kennebunk.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  Department of Health and Human Services to create a harm 
reduction health center pilot project.  The Department of Health and Human 
Services, referred to in this Act as "the department," shall create a 2-year harm reduction 
health center pilot project, referred to in this Act as "the project." The purpose of the project 
is to create a community-based resource center offering health screening, disease 
prevention and recovery assistance services where a person may safely use previously 
obtained controlled substances. For purposes of this section, "controlled substances" has 
the same meaning as in Title 22, section 2383-B, subsection 3, paragraph A;
Sec. 2.  Project requirements.  The requirements of the project are: 
A.  A harm reduction health center may be located in a building, mobile unit or other 
location determined suitable by the department;
B.  A harm reduction health center must provide necessary staffing by one or more 
health care professionals to provide referrals for counseling or other health services as 
appropriate to clients of the harm reduction health center; and 
C.  Municipal approval must be obtained pursuant to section 3.
Sec. 3.  Municipal approval.  The legislative body of the municipality where a harm 
reduction health center is to be located must approve by affirmative vote:
A.  The allowance of the operation of a harm reduction health center in the 
municipality;
B.  The exact location of the harm reduction health center, including the street address 
and the map and lot number or other applicable designation used by the municipal tax 
assessor; and
C.  The hours of operation of the harm reduction health center.
Sec. 4.  Immunity from liability.  Notwithstanding any provision of law to the 
contrary, the State or a municipality, or a state or municipal employee acting in the course 
of their employment, person, entity, property owner or manager, employee, client or other 
user of a harm reduction health center may not: be arrested, charged or prosecuted, 
including for attempting, aiding and abetting or conspiracy to commit an offense under the 
Maine Revised Statutes, Title 17-A, sections 151 and 1107-A and Title 22, section 2383 or 
any other relevant criminal or civil offense; have property seized or subject to forfeiture 
under Title 15, chapter 517; be subject to inspection under Title 22, section 454-A or any 
other relevant provision or to disciplinary action or credentialing restrictions by a 
professional licensing board; be subject to civil or contractual liability except with regard 
to a contract entered into pursuant to this Act or medical or other employment action; or be 
denied any right or privilege for an action, conduct or an omission relating to the approval 
operation of a harm reduction health center pursuant to this Act.
Sec. 5.  Advisory board.  An advisory board, referred to in this Act as "the board," 
is established to advise the department on the location and operation of a harm reduction 
health center and rules necessary to carry out the purposes of this Act.
A.  The board consists of 11 members, including:
(1)  The Director of the Office of Behavioral Health within the Department of 
Health and Human Services, who is the chair of the board;
(2)  The Attorney General or the Attorney General's designee;
(3)  The Director of Opioid Response within the Office of Policy Innovation and 
the Future; 
(4)  A licensed medical doctor who specializes in addiction, appointed by the 
President of the Senate;
(5)  A licensed medical doctor who specializes in infectious disease, appointed by 
the President of the Senate;
(6)  A representative of the Maine Naloxone Distribution Initiative administered 
by the Department of Health and Human Services, Office of Behavioral Health, 
appointed by the President of the Senate;
(7)  A person representing the harm reduction community, appointed by the 
Speaker of the House of Representatives; 
(8)  A person with lived or living experience of substance use disorder, appointed 
by the Speaker of the House of Representatives;
(9)  A person representing a peer-run syringe exchange program, appointed by the 
Speaker of the House of Representatives;
(10)  A person representing municipalities in the State, appointed by the Speaker 
of the House; and
(11)  A representative of the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention, appointed by the Governor. 
B.  All appointments must be made no more than 30 days after the effective date of this 
Act. The chair shall call and convene the board upon consultation with the department. If 
after 30 days a majority of but not all appointments have been made to the board, the chair 
shall call and convene the board and begin conducting business upon approval of the 
department.
C.  The board shall advise and make recommendations to the department regarding:
(1)  Maximizing the potential public health benefits of a harm reduction health 
center;
(2)  The proper disposal of hypodermic syringes;
(3)  The recovery of clients of a harm reduction health center;
(4)  Federal, state and local laws, regulations, rules and ordinances affecting the 
creation and operation of a harm reduction health center;
(5)  Appropriate guidance to relevant professional licensing boards;
(6) Potential collaboration with other public health efforts; and 
(7)  Protection for property owners and harm reduction health center staff, 
volunteers and clients from criminal and civil liability resulting from the operation 
of a harm reduction health center.
Sec. 6.  Project time frame.  The project must commence July 1, 2024 and terminate 
June 30, 2026.
Sec. 7.  Rules.  Prior to July 1, 2024, the Department of Health and Human Services 
shall adopt rules to carry out the purposes of this Act. Rules adopted pursuant to this section 
are routine technical rules as defined by the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 2-A.
Sec. 8.  Report.  By November 4, 2026, the department shall submit a report on the 
effectiveness of the project and containing any other relevant information, along with any 
recommended legislation, to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters. The committee may report out 
legislation based upon the report to the 132nd Legislature. 
SUMMARY
This bill directs the Department of Health and Human Services to create a 2-year pilot 
project establishing and operating a harm reduction health center to provide counseling and 
health service referrals and a place to use previously obtained controlled substances for 
clients of the center. The harm reduction health center must be approved by the 
municipality in which it is located, and the bill provides immunity to the State, the 
municipality or employees and clients of the center from criminal or civil liability. The bill 
creates an advisory board to provide guidance to the department and requires the 
department to report to the 132nd Legislature on the effectiveness of the project.