§ 23-12.10-1. Purpose and creation — Municipal authorization required. [Expires March 1, 2026.]
(a) The purpose of this chapter is to authorize a four-year (4) pilot program to prevent drug overdoses through the establishment of “harm reduction centers,” which, as used in this chapter, shall be defined as a community-based resource for health screening, disease prevention, and recovery assistance where persons may safely consume pre-obtained substances. Smoking of pre-obtained substances shall also be permitted within the harm reduction center.
(b) Each harm reduction center shall provide the necessary healthcare professionals to prevent overdose, and shall provide referrals for counseling or other medical treatment that may be appropriate for persons utilizing the harm reduction center.
(c) The director of the department of health shall promulgate regulations to authorize the program established by this chapter, and in accordance with § 23-12.10-5. Nothing contained in this section authorizes a harm reduction center without approval of the municipality in which the center is proposed.
(d)(1) Any harm reduction center proposed to be operated pursuant to the provisions of this chapter shall require municipal authorization and approval prior to opening or operating in any community within this state.
(2) As used in this chapter, the term “municipal authorization and approval” means an express affirmative vote by the city or town council, or the equivalent governing body, of any municipality where a harm reduction center is proposed to be located, which affirmative vote approves:
(i) The opening and operation of the proposed harm reduction center;
(ii) The exact location of the proposed harm reduction center, which shall include street address and plat and lot number or other applicable number as used by the municipality’s tax assessor; and
(iii) An express authorization as to the hours of operation of the proposed harm reduction center.
(e) Each harm reduction center approved for operation pursuant to the provisions of this chapter shall cease operations on or before March 1, 2026, unless an act of the general assembly expressly authorizes the continuation of the operation of the harm reduction center.
History of Section.
P.L. 2021, ch. 185, § 1, effective March 1, 2022; P.L. 2021, ch. 324, § 1, effective
March 1, 2022; P.L. 2023, ch. 7, § 1, effective April 7, 2023; P.L. 2023, ch. 8, §
1, effective April 7, 2023.