An Act to Prevent Opioid Overdose Deaths by Allowing
Maine Legislature, Session 132, LD 0755
Committee: Health and Human Services
Sponsors: BENNETT, MILLIKEN, DAUGHTRY
Amends: 5 MRSA §20056

Legislative Document
No. 755
S.P. 263
In Senate, February 25, 2025
An Act to Prevent Opioid Overdose Deaths by Allowing 
Municipalities to Approve the Establishment of Overdose 
Prevention Centers
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BENNETT of Oxford.
Cosponsored by Representative MILLIKEN of Blue Hill and
Senators: BEEBE-CENTER of Knox, BRENNER of Cumberland, President DAUGHTRY of 
Cumberland, LAWRENCE of York, TALBOT ROSS of Cumberland, Representatives: ABDI 
of Lewiston, RANA of Bangor, WOODSOME of Waterboro.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §20056 is enacted to read:
§20056.  Overdose prevention centers
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Client" means a person who is allowed by a center approved under this section to 
self-administer previously obtained controlled substances on the premises of the center 
or who receives health screening, disease prevention, recovery support or other 
services offered by the center on the premises of the center. 
B.  "Overdose prevention center" or "center" means a facility that provides health 
screening, disease prevention and recovery support services and that allows persons to 
self-administer previously obtained controlled substances on the premises of the 
facility.
C.  "Protected person" means a person acting in accordance with this section, including:
(1)  A client; 
(2)  A municipal employee involved in the approval of a center under this section; 
(3)  An owner or employee of a center approved under this section; 
(4)  A volunteer or other individual performing services at a center approved under 
this section; and  
(5)  An owner or manager of property on which a center approved under this 
section is operating.
2.  Municipal approval.  Notwithstanding any provision of law to the contrary, an 
overdose prevention center may not operate in a municipality without approval from that 
municipality in accordance with this section.  A municipality may approve a center that is 
located in a fixed location or a mobile setting and that meets the requirements of subsection 
3. Prior to approving a center, the municipality shall hold a public hearing with an 
opportunity for public comment regarding the center.  Notice of the public hearing must be 
sufficient to ensure adequate participation in the public hearing by members of the public. 
3.  Center requirements.  To qualify for municipal approval under subsection 2, an 
overdose prevention center must: 
A.  Provide referrals to services, including substance use disorder counseling and 
treatment, primary medical care, mental health services, recovery support services, 
peer support and social services;
B.  Conduct proactive community cleanups of hypodermic apparatus litter and 
education and outreach on the proper disposal of hypodermic apparatuses;
C.  Provide a hygienic location supervised by trained staff where a client may self-
administer previously obtained controlled substances;
D.  Establish operating procedures for the center, including, but not limited to, standard 
hours of operation, eligibility criteria for clients, training standards for center staff, a 
minimum number of center staff members required to be at the center during the hours 
of operation and the maximum number of clients who can be served at one time;
E.  Develop an overdose response protocol for monitoring clients while in the center, 
including, but not limited to, a response for opioid and stimulant overdoses, use of a 
pulse oximeter, administration of naloxone hydrochloride, administration of oxygen, 
administration of cardiopulmonary resuscitation and use of an automated external 
defibrillator;
F.  Establish and make public a policy that facilitates communication from and to 
neighboring businesses and residences to address any neighborhood concerns or 
complaints; and
G.  Have an established relationship with the nearest hospital emergency department.
As a condition of approval under subsection 2, the municipality shall require the center to 
provide an annual report in accordance with subsection 4 and to conduct a peer-reviewed 
study in accordance with subsection 5.
4.  Annual report.  As a condition of approval under subsection 2, a municipality shall 
require an overdose prevention center to provide an annual report to the municipality and 
to the department that includes:
A.  The number of clients using the center;
B.  Aggregate information regarding the demographics of clients;
C.  The number of overdoses experienced and the number of overdoses reversed at the 
center; and
D.  The number of clients referred to substance use disorder treatment, primary medical 
care or similar services.
5.  Peer-reviewed study.  As a condition of approval under subsection 2, a 
municipality shall require an overdose prevention center to partner with an independent 
entity or organization to conduct a peer-reviewed study of the information provided 
pursuant to subsection 4 and any other data gathered by the center regarding:
A.  The efficacy of the center, including, but not limited to, aggregate information 
regarding the demographics of the clients and the number of clients using the center, 
overdoses experienced at the center, overdose reversals at the center, clients referred 
to treatment, hospitalizations of clients after treatment at the center, fatalities in 
hospitals after treatment at the center and fatalities at the center; and
B.  Effects on the community of the center, including, but not limited to, an increase or 
decrease in crime, hypodermic apparatus litter and public drug use and aggregate 
information on the opinions of nearby businesses and community members.
An independent entity or organization conducting a study under this subsection must be a 
private, nonprofit and nonpartisan research organization or a research university in the 
United States.  The cost of a study under this subsection must be paid by the center and 
must be funded wholly through grants or private donations.  Upon completion of a study 
under this subsection, the center shall provide a copy of the study report to the municipality 
that approved the center and to the department, which shall submit a copy to the Legislature 
and to the Governor.
6.  Immunity from arrest or prosecution.  Notwithstanding any provision of law to 
the contrary, a protected person acting in accordance with this section is immune from 
arrest or prosecution for a violation of law if the grounds for the arrest or prosecution are 
the protected person's actions in accordance with this section. 
This subsection does not create any immunity for a person with respect to any activity of 
the person that is not authorized or approved under this section.  
7.  Immunity from revocation or termination proceedings.  Notwithstanding any 
provision of law to the contrary, a protected person acting in accordance with this section 
is immune from revocation proceedings with regard to conditions of release as described 
in Title 15, chapter 105-A, subchapter 5; probation as described in Title 17-A, chapter 67, 
subchapter 1; administrative release as described in Title 17-A, chapter 67, subchapter 2; 
or supervised community confinement as described in Title 34-A, section 3036-A and is 
immune from termination proceedings for deferred disposition violations as described in 
Title 17-A, chapter 67, subchapter 4 or termination from community confinement 
monitoring as described in Title 30-A, section 1659-A, if the grounds for the revocation or 
termination proceeding against the protected person are the protected person's actions in 
accordance with this section.
This subsection does not create any immunity for a person with respect to any activity of 
the person that is not authorized or approved under this section.
8.  Motion to determine immunity.  A defendant in a criminal proceeding may move 
that the court prior to trial determine whether the defendant is immune from prosecution or 
revocation or termination proceedings pursuant to subsection 6 or 7. Once the defendant 
has filed a motion and has presented evidence to establish immunity, the prosecution has 
the burden of proving by clear and convincing evidence that the grounds for immunity do 
not apply to the defendant. The court may hear testimony and shall make factual and legal 
findings as necessary to determine immunity.  
9.  Additional protections.  Notwithstanding any provision of law to the contrary, a 
protected person acting in accordance with this section may not, on the basis of that action, 
be:
A.  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 center;
C.  Subject to the seizure or forfeiture of any real or personal property used in 
connection with a center; or
D.  Subject to any adverse medical or employment action with respect to the action or 
subject to any civil or contractual liability with respect to the action, except that a 
contract entered into in accordance with this section may be the subject of litigation to 
interpret or enforce the contract and liability for breach of the contract may be imposed.
This subsection does not provide any protections to a person with respect to any activity of 
the person that is not authorized or approved under this section.
SUMMARY
This bill authorizes municipalities to approve overdose prevention centers at which 
clients may receive health screening, disease prevention and recovery support services and 
may self-administer previously obtained controlled substances on the premises. The bill 
also provides immunity from arrest, prosecution, revocation proceedings or termination 
proceedings for persons using, employed by or otherwise associated with an overdose 
prevention center when acting in accordance with the provisions of the bill. It also provides 
additional protections to such persons for actions in accordance with those provisions.