An Act to Prevent Opioid Overdose Deaths by Establishing Safe Consumption Sites
Maine Legislature, Session 131, LD 1364
Committee: Criminal Justice and Public Safety
Sponsors: LOOKNER, CHIPMAN, BOYER, CRAFTS, MATHIESON, MILLIKEN, OSHER, RANA, ROEDER, SUPICA
Amends: 5 MRSA §20056

Legislative Document
No. 1364
H.P. 878
House of Representatives, March 28, 2023
An Act to Prevent Opioid Overdose Deaths by Establishing Safe 
Consumption Sites
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative LOOKNER of Portland.
Cosponsored by Senator CHIPMAN of Cumberland and
Representatives: BOYER of Poland, CRAFTS of Newcastle, MATHIESON of Kittery, 
MILLIKEN of Blue Hill, OSHER of Orono, RANA of Bangor, ROEDER of Bangor, SUPICA 
of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §20056 is enacted to read:
§20056.  Safe consumption sites
1. Municipal approval required.  Notwithstanding any provision of law to the 
contrary, a municipality may approve a safe consumption site, referred to in this section as 
"a site," that in the municipality's determination meets the requirements under subsection 
2.  Prior to approving a site, a municipality shall hold a public meeting with an opportunity 
for public comment.  Notice of the meeting must be sufficient to ensure adequate 
participation in the meeting by members of the public.
2. Safe consumption site requirements.  In order to qualify for approval, a site must 
meet the following requirements.  The site must:
A. Provide a hygienic 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 apparatuses, provide 
secure hypodermic apparatus disposal services and provide education about the safe 
disposal of hypodermic apparatuses;
C. Provide overdose prevention education, including information on obtaining 
naloxone hydrochloride;
D. Distribute or administer naloxone hydrochloride;
E. Monitor clients for potential overdose, administer first aid and administer 
medications to relieve an acute exacerbation of a health condition;
F. Provide testing for human immunodeficiency virus, viral hepatitis and sexually 
transmitted diseases and educate clients on the risks of contracting human 
immunodeficiency virus, viral hepatitis and sexually transmitted diseases;
G. Provide referrals to services, including substance use disorder counseling and 
treatment, primary medical care, mental health services and social services;
H. Establish eligibility criteria for site participants;
I. Require that all staff present at the site during open hours be certified in 
cardiopulmonary resuscitation and first aid;
J. Require that all staff present at the site during open hours be authorized and trained 
to provide emergency administration of naloxone hydrochloride;
K. Have an established relationship with the nearest hospital emergency department;
L. Establish operating procedures for the site, including, but not limited to, standard 
hours of operation, training standards for staff, a minimum number of personnel 
required to be on site during the hours of operation and the maximum number of 
individuals who can be served at one time;
M. Establish a plan for staff and workplace safety;
N. Provide reasonable and adequate security of the facility and equipment; and
O. Establish and make public a policy that facilitates communication from and to 
neighboring businesses and residences to address any neighborhood concerns or 
complaints.
3. Report.  The municipality approving a site shall, as a condition of approval, require 
the site to provide an annual report to the municipality that includes:
A. The number of site participants;
B. Aggregate information regarding the characteristics of site participants;
C. The number of overdoses experienced and the number of overdoses reversed on site; 
and
D. The number of persons referred to substance use disorder treatment, primary 
medical care and other services.
4. Peer-reviewed study.  The department shall choose a single independent entity to 
conduct a peer-reviewed study of the information received pursuant to subsection 3 and 
other data gathered by the entity regarding:
A. The statewide efficacy of the sites, including, but not limited to, number of 
participants, aggregate information regarding characteristics of the participants, 
overdoses on site, overdose reversals on site, participants referred to treatment, 
hospitalizations after being seen at a site, fatalities in hospitals after being seen at a site 
and fatalities on site; and
B. Community effects of the sites, including, but not limited to, an increase or decrease 
in crime, hypodermic apparatus litter and public drug use and aggregate information 
on the attitudes of nearby businesses and community members.
The independent entity must be a private, nonprofit and nonpartisan research organization 
or a research university in the United States.  The participating municipalities and the 
selected entity shall fund the study through private donations, grants and local funds.  Prior 
to opting in to the study, a municipality must consent to funding the component of the study 
relating to its jurisdiction and site.  The department shall submit the reports of the study of 
each approved site to the Legislature and the Governor’s office.
5. Immunity. A person or municipality acting in accordance with this section, 
including a participant who uses the services of a site; a staff member and contractor of a 
site, including a health care professional, manager, employee and volunteer; and a site'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 site; or
C.  Subject to the seizure or forfeiture of any real or personal property used in 
connection with a site.
This subsection does not apply to a person engaging in any activity not authorized or 
approved under this section.
SUMMARY
This bill authorizes municipalities to approve safe consumption sites for individuals to 
self-administer previously obtained drugs.  The bill requires the sites to satisfy certain 
requirements, including providing hygienic facilities, providing safe disposal of 
hypodermic apparatuses, providing naloxone hydrochloride as needed and making referrals 
to medical and social services.  The bill provides immunity from arrest or prosecution for 
clients and staff members acting in accordance with the provisions of the bill.  The bill 
requires municipalities that approve safe consumption sites to participate in a peer-
reviewed study and requires the Department of Health and Human Services to submit 
reports related to the studies to the Legislature and the Governor's office.