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General Assembly Substitute Bill No. 1285
January Session, 2025
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
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 Substitute Bill No. 1285
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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) The Department of Mental Health and Addiction Services, in 23
consultation with the Department of Public Health, may establish a pilot 24
program to prevent drug overdoses through the establishment of 25
overdose prevention centers in four municipalities in the state selected 26
by the Commissioner of Mental Health and Addiction Services, subject 27
to the approval of the chief elected official of each municipality selected 28
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
(d) The Commissioner of Mental Health and Addiction Services may 48
establish an advisory committee to provide recommendations to the 49
Departments of Mental Health and Addiction Services and Public 50
Health concerning the overdose prevention pilot program in accordance 51 Substitute Bill No. 1285
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with subsection (e) of this section. If the commissioner establishes the 52
advisory committee, the commissioner shall serve as chairperson of the 53
advisory committee and the advisory committee shall consist of the 54
following additional members: (1) The Attorney General, or the 55
Attorney General's designee; (2) a representative of a medical society in 56
the state; (3) a representative of an association of hospitals in the state; 57
(4) a representative of the Connecticut chapter of a national society of 58
addiction medicine; (5) a person with a substance use disorder; (6) a 59
person working in overdose prevention; (7) two current or former law 60
enforcement officials, one of whom is or was a law enforcement official 61
in the state; (8) a representative of a conference of municipalities in the 62
state; (9) a person who has suffered a drug overdose; (10) a family 63
member of a person who suffered a fatal drug overdose; (11) a professor 64
at an institution of higher education in the state with experience 65
researching issues concerning overdose prevention; (12) a person with 66
experience in the establishment or operation of one or more overdose 67
prevention centers located outside of the United States; and (13) a 68
representative of a northeastern coalition of harm reduction centers. 69
(e) Any advisory committee established pursuant to subsection (d) of 70
this section shall make recommendations regarding the overdose 71
prevention pilot program to the Commissioners of Mental Health and 72
Addiction Services and Public Health concerning the following: 73
(1) Methods of maximizing the public health and safety benefits of 74
overdose prevention centers; 75
(2) The proper disposal of hypodermic needles and syringes and 76
other drug paraphernalia from the overdose prevention centers; 77
(3) The availability of programs to support persons utilizing the 78
overdose prevention centers in their recovery from a substance use 79
disorder; 80
(4) Any laws impacting the establishment and operation of the 81
overdose prevention centers; 82 Substitute Bill No. 1285
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(5) Appropriate guidance to relevant professional licensing boards 83
concerning health care providers who provide services at the overdose 84
prevention centers; 85
(6) The consideration of any other factors relevant to the overdose 86
prevention centers that are beneficial to promoting the public health and 87
safety; and 88
(7) Liability protection for the property owners where the overdose 89
prevention centers are located, overdose prevention center staff, and 90
volunteers and participants at the overdose prevention centers, 91
including, but not limited to, immunity from criminal or civil liability 92
resulting from the operation of an overdose prevention center. 93
(f) The Commissioner of Mental Health and Addiction Services may 94
adopt regulations, in accordance with the provisions of chapter 54 of the 95
general statutes, to implement the provisions of this section. 96
(g) Not later than January 1, 2027, the Commissioner of Mental Health 97
and Addiction Services shall report, in accordance with the provisions 98
of section 11-4a of the general statutes, to the joint standing committee 99
of the General Assembly having cognizance of matters relating to public 100
health regarding the operation of the pilot program, if established, and 101
any recommendations from the advisory committee concerning such 102
pilot program or any legislation necessary to establish overdose 103
prevention centers on a permanent basis. 104
(h) The Department of Mental Health and Addiction Services shall 105
not expend any state funds in the implementation or operation of the 106
pilot program. The department may accept donations and grants of 107
money, equipment, supplies, materials and services from private 108
sources, and receive, utilize and dispose of such money, equipment, 109
supplies, material and services in the implementation and operation of 110
the pilot program. 111
Sec. 2. Subsection (b) of section 19a-638 of the general statutes is 112
repealed and the following is substituted in lieu thereof (Effective from 113 Substitute Bill No. 1285
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passage): 114
(b) A certificate of need shall not be required for: 115
(1) Health care facilities owned and operated by the federal 116
government; 117
(2) The establishment of offices by a licensed private practitioner, 118
whether for individual or group practice, except when a certificate of 119
need is required in accordance with the requirements of section 19a-120
493b or subdivision (3), (10) or (11) of subsection (a) of this section; 121
(3) A health care facility operated by a religious group that 122
exclusively relies upon spiritual means through prayer for healing; 123
(4) Residential care homes, as defined in subsection (c) of section 19a-124
490, and nursing homes and rest homes, as defined in subsection (o) of 125
section 19a-490; 126
(5) An assisted living services agency, as defined in section 19a-490; 127
(6) Home health agencies, as defined in section 19a-490; 128
(7) Hospice services, as described in section 19a-122b; 129
(8) Outpatient rehabilitation facilities; 130
(9) Outpatient chronic dialysis services; 131
(10) Transplant services; 132
(11) Free clinics, as defined in section 19a-630; 133
(12) School-based health centers and expanded school health sites, as 134
such terms are defined in section 19a-6r, community health centers, as 135
defined in section 19a-490a, not-for-profit outpatient clinics licensed in 136
accordance with the provisions of chapter 368v and federally qualified 137
health centers; 138
(13) A program licensed or funded by the Department of Children 139 Substitute Bill No. 1285
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and Families, provided such program is not a psychiatric residential 140
treatment facility; 141
(14) Any nonprofit facility, institution or provider that has a contract 142
with, or is certified or licensed to provide a service for, a state agency or 143
department for a service that would otherwise require a certificate of 144
need. The provisions of this subdivision shall not apply to a short-term 145
acute care general hospital or children's hospital, or a hospital or other 146
facility or institution operated by the state that provides services that are 147
eligible for reimbursement under Title XVIII or XIX of the federal Social 148
Security Act, 42 USC 301, as amended; 149
(15) A health care facility operated by a nonprofit educational 150
institution exclusively for students, faculty and staff of such institution 151
and their dependents; 152
(16) An outpatient clinic or program operated exclusively by or 153
contracted to be operated exclusively by a municipality, municipal 154
agency, municipal board of education or a health district, as described 155
in section 19a-241; 156
(17) A residential facility for persons with intellectual disability 157
licensed pursuant to section 17a-227 and certified to participate in the 158
Title XIX Medicaid program as an intermediate care facility for 159
individuals with intellectual disabilities; 160
(18) Replacement of existing computed tomography scanners, 161
magnetic resonance imaging scanners, positron emission tomography 162
scanners, positron emission tomography-computed tomography 163
scanners, or nonhospital based linear accelerators, if such equipment 164
was acquired through certificate of need approval or a certificate of need 165
determination, provided a health care facility, provider, physician or 166
person notifies the unit of the date on which the equipment is replaced 167
and the disposition of the replaced equipment, including if a 168
replacement scanner has dual modalities or functionalities and the 169
applicant already offers similar imaging services for each of the 170
equipment's modalities or functionalities that will be utilized; 171 Substitute Bill No. 1285
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(19) Acquisition of cone-beam dental imaging equipment that is to be 172
used exclusively by a dentist licensed pursuant to chapter 379; 173
(20) The partial or total elimination of services provided by an 174
outpatient surgical facility, as defined in section 19a-493b, except as 175
provided in subdivision (6) of subsection (a) of this section and section 176
19a-639e; 177
(21) The termination of services for which the Department of Public 178
Health has requested the facility to relinquish its license; 179
(22) Acquisition of any equipment by any person that is to be used 180
exclusively for scientific research that is not conducted on humans; 181
(23) On or before June 30, 2026, an increase in the licensed bed 182
capacity of a mental health facility, provided (A) the mental health 183
facility demonstrates to the unit, in a form and manner prescribed by 184
the unit, that it accepts reimbursement for any covered benefit provided 185
to a covered individual under: (i) An individual or group health 186
insurance policy providing coverage of the type specified in 187
subdivisions (1), (2), (4), (11) and (12) of section 38a-469; (ii) a self-188
insured employee welfare benefit plan established pursuant to the 189
federal Employee Retirement Income Security Act of 1974, as amended 190
from time to time; or (iii) HUSKY Health, as defined in section 17b-290, 191
and (B) if the mental health facility does not accept or stops accepting 192
reimbursement for any covered benefit provided to a covered 193
individual under a policy, plan or program described in clause (i), (ii) or 194
(iii) of subparagraph (A) of this subdivision, a certificate of need for such 195
increase in the licensed bed capacity shall be required. 196
(24) The establishment [at] of harm reduction centers through the 197
pilot program established pursuant to section 17a-673c or overdose 198
prevention centers through the pilot program established pursuant to 199
section 1 of this act; or 200
(25) On or before June 30, 2028, a birth center, as defined in section 201
19a-490, that is enrolled as a provider in the Connecticut medical 202 Substitute Bill No. 1285
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assistance program, as defined in section 17b-245g. 203
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)
PH Joint Favorable Subst.