2023 -- H 5044

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LC000382

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY -- HARM REDUCTION CENTER ADVISORY

COMMITTEE AND PILOT PROGRAM

     

     Introduced By: Representatives Edwards, Caldwell, Kazarian, Potter, Alzate, Casimiro,
Kislak, Felix, Abney, and Craven

     Date Introduced: January 11, 2023

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-12.10-1 and 23-12.10-5 of the General Laws in Chapter 23-12.10

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entitled "Harm Reduction Center Advisory Committee and Pilot Program. [Expires March 1,

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2024.]" are hereby amended to read as follows:

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     23-12.10-1. Purpose and creation — Municipal authorization required. [Expires

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March 1, 2024.] Purpose and creation — Municipal authorization required. [Expires March

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1, 2026.]

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     (a) The purpose of this chapter is to authorize a two-year (2) four (4) year pilot program to

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prevent drug overdoses through the establishment of “harm reduction centers,” which, as used in

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this chapter, shall be defined as a community-based resource for health screening, disease

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prevention, and recovery assistance where persons may safely consume pre-obtained substances.

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Smoking of pre-obtained substances shall also be permitted within the harm reduction center.

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     (b) Each harm reduction center shall provide the necessary healthcare professionals to

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prevent overdose, and shall provide referrals for counseling or other medical treatment that may be

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appropriate for persons utilizing the harm reduction center.

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     (c) The director of the department of health shall promulgate regulations to authorize the

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program established by this chapter, and in accordance with § 23-12.10-5. Nothing contained in

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this section authorizes a harm reduction center without approval of the municipality in which the

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center is proposed.

 

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     (d)(1) Any harm reduction center proposed to be operated pursuant to the provisions of this

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chapter shall require municipal authorization and approval prior to opening or operating in any

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community within this state.

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     (2) As used in this chapter, the term “municipal authorization and approval” means an

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express affirmative vote by the city or town council, or the equivalent governing body, of any

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municipality where a harm reduction center is proposed to be located, which affirmative vote

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approves:

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     (i) The opening and operation of the proposed harm reduction center;

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     (ii) The exact location of the proposed harm reduction center, which shall include street

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address and plat and lot number or other applicable number as used by the municipality’s tax

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assessor; and

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     (iii) An express authorization as to the hours of operation of the proposed harm reduction

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center.

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     (e) Each harm reduction center approved for operation pursuant to the provisions of this

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chapter shall cease operations on or before March 1, 2024 2026, unless an act of the general

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assembly expressly authorizes the continuation of the operation of the harm reduction center.

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     23-12.10-5. Promulgation of regulations. [Expires March 1, 2024.] Promulgation of

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regulations. [Expires March 1, 2026.]

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     The director of the department of health shall promulgate regulations authorized by this

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chapter no later than March 1, 2022. Provided, the director shall amend these regulations to the

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extent the director deems necessary after March 1, 2022, to address the smoking of pre-obtained

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substances.

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     SECTION 2. Chapter 23-12.10 of the General Laws entitled "Harm Reduction Center

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Advisory Committee and Pilot Program. [Effective March 1, 2022, and Expires March 1, 2024.]"

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is hereby amended by adding thereto the following section:

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     23-12.10-6. Sunset.

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     On or before January 31, 2026, the director of the department of health and the attorney

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general shall submit to the governor, the speaker of the house and the president of the senate,

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recommendations as to continuation of the provisions of this chapter, and unless extended by the

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general assembly, the provisions of this chapter shall sunset and expire on March 1, 2026.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- HARM REDUCTION CENTER ADVISORY

COMMITTEE AND PILOT PROGRAM

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     This act would extend the expiration date of the Harm Reduction Center Advisory

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Committee and Pilot Program by two years, from March 1, 2024, to March 1, 2026. Each harm

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reduction center would have to cease operations on or before March 1, 2026. The act would also

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permit the smoking of pre-obtained substances within a harm reduction center.

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     This act would take effect upon passage.

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