LCO No. 4442 1 of 8
General Assembly Raised Bill No. 1285
January Session, 2025
LCO No. 4442
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT ESTABLISHING AN OVERDOSE PREVENTION CENTER
PILOT PROGRAM.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) (a) As used in this section: 1
(1) "Overdose prevention center" means a community-based facility 2
where a person with a substance use disorder may (A) (i) receive 3
substance use disorder and other mental health counseling, (ii) use a test 4
strip or any other drug testing technology to test a substance prior to 5
consuming the substance, (iii) receive educational information 6
regarding opioid antagonists, as defined in section 17a-714a of the 7
general statutes, and the risks of contracting diseases from sharing 8
hypodermic needles and syringes and other drug paraphernalia, (iv) 9
receive referrals to substance use disorder treatment services, and (v) 10
receive access to basic support services, including, but not limited to, 11
laundry machines, a bathroom, a shower and a place to rest, and (B) in 12
a separate location within the facility, safely consume controlled 13
substances under the observation of licensed health care providers who 14
are present to provide necessary medical treatment in the event of an 15
Raised Bill No. 1285
LCO No. 4442 2 of 8
overdose of a controlled substance; and 16
(2) "Test strip" means a product that a person may use to test any 17
substance, prior to injection, inhalation or ingestion of the substance, for 18
traces of any component recognized by the Commissioner of Mental 19
Health and Addiction Services as having a high risk of causing an 20
overdose to help prevent an accidental overdose by injection, inhalation 21
or ingestion of such component. 22
(b) Not later than July 1, 2026, the Department of Mental Health and 23
Addiction Services, in consultation with the Department of Public 24
Health, shall establish a pilot program to prevent drug overdoses 25
through the establishment of overdose prevention centers in four 26
municipalities in the state selected by the Commissioner of Mental 27
Health and Addiction Services, subject to the approval of the chief 28
elected official of each municipality selected by said commissioner. 29
(c) Each overdose prevention center established pursuant to 30
subsection (b) of this section shall (1) employ persons, who may include, 31
but need not be limited to, licensed health care providers, with 32
experience treating persons with a substance use disorder, in a number 33
determined sufficient by the Commissioner of Mental Health and 34
Addiction Services, to provide substance use disorder or other mental 35
health counseling and monitor persons utilizing the overdose 36
prevention center for the purpose of providing medical treatment to any 37
person who experiences symptoms of an overdose, (2) provide persons 38
with test strips or any other drug testing technology at the request of 39
such persons, and (3) provide (A) referrals for substance use disorder, 40
or (B) other mental health counseling or other mental health or medical 41
treatment services that may be appropriate for persons utilizing the 42
overdose prevention center. A licensed health care provider's 43
participation in the pilot program shall not be grounds for disciplinary 44
action by the Department of Public Health pursuant to section 19a-17 of 45
the general statutes or by any board or commission listed in subsection 46
(b) of section 19a-14 of the general statutes. 47
Raised Bill No. 1285
LCO No. 4442 3 of 8
(d) Not later than January 1, 2026, the Commissioner of Mental 48
Health and Addiction Services shall establish an advisory committee to 49
provide recommendations to the Departments of Mental Health and 50
Addiction Services and Public Health concerning the overdose 51
prevention pilot program in accordance with subsection (e) of this 52
section. The Commissioner of Mental Health and Addiction Services 53
shall serve as chairperson of the advisory committee. The advisory 54
committee shall consist of the following additional members: (1) The 55
Attorney General, or the Attorney General's designee; (2) a 56
representative of a medical society in the state; (3) a representative of an 57
association of hospitals in the state; (4) a representative of the 58
Connecticut chapter of a national society of addiction medicine; (5) a 59
person with a substance use disorder; (6) a person working in overdose 60
prevention; (7) two current or former law enforcement officials, one of 61
whom is or was a law enforcement official in the state; (8) a 62
representative of a conference of municipalities in the state; (9) a person 63
who has suffered a drug overdose; (10) a family member of a person 64
who suffered a fatal drug overdose; (11) a professor at an institution of 65
higher education in the state with experience researching issues 66
concerning overdose prevention; (12) a person with experience in the 67
establishment or operation of one or more overdose prevention centers 68
located outside of the United States; and (13) a representative of a 69
northeastern coalition of harm reduction centers. 70
(e) The advisory committee established pursuant to subsection (d) of 71
this section shall make recommendations regarding the overdose 72
prevention pilot program to the Commissioners of Mental Health and 73
Addiction Services and Public Health concerning the following: 74
(1) Methods of maximizing the public health and safety benefits of 75
overdose prevention centers; 76
(2) The proper disposal of hypodermic needles and syringes and 77
other drug paraphernalia from the overdose prevention centers; 78
Raised Bill No. 1285
LCO No. 4442 4 of 8
(3) The availability of programs to support persons utilizing the 79
overdose prevention centers in their recovery from a substance use 80
disorder; 81
(4) Any laws impacting the establishment and operation of the 82
overdose prevention centers; 83
(5) Appropriate guidance to relevant professional licensing boards 84
concerning health care providers who provide services at the overdose 85
prevention centers; 86
(6) The consideration of any other factors relevant to the overdose 87
prevention centers that are beneficial to promoting the public health and 88
safety; and 89
(7) Liability protection for the property owners where the overdose 90
prevention centers are located, overdose prevention center staff, and 91
volunteers and participants at the overdose prevention centers, 92
including, but not limited to, immunity from criminal or civil liability 93
resulting from the operation of an overdose prevention center. 94
(f) The Commissioner of Mental Health and Addiction Services shall 95
adopt regulations, in accordance with the provisions of chapter 54 of the 96
general statutes, to implement the provisions of this section. 97
(g) Not later than January 1, 2027, the Commissioner of Mental Health 98
and Addiction Services shall report, in accordance with the provisions 99
of section 11-4a of the general statutes, to the joint standing committee 100
of the General Assembly having cognizance of matters relating to public 101
health regarding the operation of the pilot program and any 102
recommendations from the advisory committee concerning the pilot 103
program or any legislation necessary to establish overdose prevention 104
centers on a permanent basis. 105
Sec. 2. Subsection (b) of section 19a-638 of the general statutes is 106
repealed and the following is substituted in lieu thereof (Effective from 107
Raised Bill No. 1285
LCO No. 4442 5 of 8
passage): 108
(b) A certificate of need shall not be required for: 109
(1) Health care facilities owned and operated by the federal 110
government; 111
(2) The establishment of offices by a licensed private practitioner, 112
whether for individual or group practice, except when a certificate of 113
need is required in accordance with the requirements of section 19a-114
493b or subdivision (3), (10) or (11) of subsection (a) of this section; 115
(3) A health care facility operated by a religious group that 116
exclusively relies upon spiritual means through prayer for healing; 117
(4) Residential care homes, as defined in subsection (c) of section 19a-118
490, and nursing homes and rest homes, as defined in subsection (o) of 119
section 19a-490; 120
(5) An assisted living services agency, as defined in section 19a-490; 121
(6) Home health agencies, as defined in section 19a-490; 122
(7) Hospice services, as described in section 19a-122b; 123
(8) Outpatient rehabilitation facilities; 124
(9) Outpatient chronic dialysis services; 125
(10) Transplant services; 126
(11) Free clinics, as defined in section 19a-630; 127
(12) School-based health centers and expanded school health sites, as 128
such terms are defined in section 19a-6r, community health centers, as 129
defined in section 19a-490a, not-for-profit outpatient clinics licensed in 130
accordance with the provisions of chapter 368v and federally qualified 131
health centers; 132
Raised Bill No. 1285
LCO No. 4442 6 of 8
(13) A program licensed or funded by the Department of Children 133
and Families, provided such program is not a psychiatric residential 134
treatment facility; 135
(14) Any nonprofit facility, institution or provider that has a contract 136
with, or is certified or licensed to provide a service for, a state agency or 137
department for a service that would otherwise require a certificate of 138
need. The provisions of this subdivision shall not apply to a short-term 139
acute care general hospital or children's hospital, or a hospital or other 140
facility or institution operated by the state that provides services that are 141
eligible for reimbursement under Title XVIII or XIX of the federal Social 142
Security Act, 42 USC 301, as amended; 143
(15) A health care facility operated by a nonprofit educational 144
institution exclusively for students, faculty and staff of such institution 145
and their dependents; 146
(16) An outpatient clinic or program operated exclusively by or 147
contracted to be operated exclusively by a municipality, municipal 148
agency, municipal board of education or a health district, as described 149
in section 19a-241; 150
(17) A residential facility for persons with intellectual disability 151
licensed pursuant to section 17a-227 and certified to participate in the 152
Title XIX Medicaid program as an intermediate care facility for 153
individuals with intellectual disabilities; 154
(18) Replacement of existing computed tomography scanners, 155
magnetic resonance imaging scanners, positron emission tomography 156
scanners, positron emission tomography-computed tomography 157
scanners, or nonhospital based linear accelerators, if such equipment 158
was acquired through certificate of need approval or a certificate of need 159
determination, provided a health care facility, provider, physician or 160
person notifies the unit of the date on which the equipment is replaced 161
and the disposition of the replaced equipment, including if a 162
replacement scanner has dual modalities or functionalities and the 163
Raised Bill No. 1285
LCO No. 4442 7 of 8
applicant already offers similar imaging services for each of the 164
equipment's modalities or functionalities that will be utilized; 165
(19) Acquisition of cone-beam dental imaging equipment that is to be 166
used exclusively by a dentist licensed pursuant to chapter 379; 167
(20) The partial or total elimination of services provided by an 168
outpatient surgical facility, as defined in section 19a-493b, except as 169
provided in subdivision (6) of subsection (a) of this section and section 170
19a-639e; 171
(21) The termination of services for which the Department of Public 172
Health has requested the facility to relinquish its license; 173
(22) Acquisition of any equipment by any person that is to be used 174
exclusively for scientific research that is not conducted on humans; 175
(23) On or before June 30, 2026, an increase in the licensed bed 176
capacity of a mental health facility, provided (A) the mental health 177
facility demonstrates to the unit, in a form and manner prescribed by 178
the unit, that it accepts reimbursement for any covered benefit provided 179
to a covered individual under: (i) An individual or group health 180
insurance policy providing coverage of the type specified in 181
subdivisions (1), (2), (4), (11) and (12) of section 38a-469; (ii) a self-182
insured employee welfare benefit plan established pursuant to the 183
federal Employee Retirement Income Security Act of 1974, as amended 184
from time to time; or (iii) HUSKY Health, as defined in section 17b-290, 185
and (B) if the mental health facility does not accept or stops accepting 186
reimbursement for any covered benefit provided to a covered 187
individual under a policy, plan or program described in clause (i), (ii) or 188
(iii) of subparagraph (A) of this subdivision, a certificate of need for such 189
increase in the licensed bed capacity shall be required. 190
(24) The establishment [at] of harm reduction centers through the 191
pilot program established pursuant to section 17a-673c or overdose 192
prevention centers through the pilot program established pursuant to 193
Raised Bill No. 1285
LCO No. 4442 8 of 8
section 1 of this act; or 194
(25) On or before June 30, 2028, a birth center, as defined in section 195
19a-490, that is enrolled as a provider in the Connecticut medical 196
assistance program, as defined in section 17b-245g. 197
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage 19a-638(b)
Statement of Purpose:
To establish an overdose prevention center pilot program.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]