Connecticut 2025 Regular Session

Connecticut Senate Bill SB01285 Compare Versions

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5-General Assembly Substitute Bill No. 1285
5+General Assembly Raised Bill No. 1285
66 January Session, 2025
7+LCO No. 4442
78
9+
10+Referred to Committee on PUBLIC HEALTH
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12+
13+Introduced by:
14+(PH)
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1219 AN ACT ESTABLISHING AN OVERDOSE PREVENTION CENTER
1320 PILOT PROGRAM.
1421 Be it enacted by the Senate and House of Representatives in General
1522 Assembly convened:
1623
1724 Section 1. (Effective from passage) (a) As used in this section: 1
1825 (1) "Overdose prevention center" means a community-based facility 2
1926 where a person with a substance use disorder may (A) (i) receive 3
2027 substance use disorder and other mental health counseling, (ii) use a test 4
2128 strip or any other drug testing technology to test a substance prior to 5
2229 consuming the substance, (iii) receive educational information 6
2330 regarding opioid antagonists, as defined in section 17a-714a of the 7
2431 general statutes, and the risks of contracting diseases from sharing 8
2532 hypodermic needles and syringes and other drug paraphernalia, (iv) 9
2633 receive referrals to substance use disorder treatment services, and (v) 10
2734 receive access to basic support services, including, but not limited to, 11
2835 laundry machines, a bathroom, a shower and a place to rest, and (B) in 12
2936 a separate location within the facility, safely consume controlled 13
3037 substances under the observation of licensed health care providers who 14
3138 are present to provide necessary medical treatment in the event of an 15
39+Raised Bill No. 1285
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41+
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3245 overdose of a controlled substance; and 16
3346 (2) "Test strip" means a product that a person may use to test any 17
34-substance, prior to injection, inhalation or ingestion of the substance, for 18 Substitute Bill No. 1285
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36-
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47+substance, prior to injection, inhalation or ingestion of the substance, for 18
3948 traces of any component recognized by the Commissioner of Mental 19
4049 Health and Addiction Services as having a high risk of causing an 20
4150 overdose to help prevent an accidental overdose by injection, inhalation 21
4251 or ingestion of such component. 22
43-(b) The Department of Mental Health and Addiction Services, in 23
44-consultation with the Department of Public Health, may establish a pilot 24
45-program to prevent drug overdoses through the establishment of 25
46-overdose prevention centers in four municipalities in the state selected 26
47-by the Commissioner of Mental Health and Addiction Services, subject 27
48-to the approval of the chief elected official of each municipality selected 28
49-by said commissioner. 29
52+(b) Not later than July 1, 2026, the Department of Mental Health and 23
53+Addiction Services, in consultation with the Department of Public 24
54+Health, shall establish a pilot program to prevent drug overdoses 25
55+through the establishment of overdose prevention centers in four 26
56+municipalities in the state selected by the Commissioner of Mental 27
57+Health and Addiction Services, subject to the approval of the chief 28
58+elected official of each municipality selected by said commissioner. 29
5059 (c) Each overdose prevention center established pursuant to 30
5160 subsection (b) of this section shall (1) employ persons, who may include, 31
5261 but need not be limited to, licensed health care providers, with 32
5362 experience treating persons with a substance use disorder, in a number 33
5463 determined sufficient by the Commissioner of Mental Health and 34
5564 Addiction Services, to provide substance use disorder or other mental 35
5665 health counseling and monitor persons utilizing the overdose 36
5766 prevention center for the purpose of providing medical treatment to any 37
5867 person who experiences symptoms of an overdose, (2) provide persons 38
5968 with test strips or any other drug testing technology at the request of 39
6069 such persons, and (3) provide (A) referrals for substance use disorder, 40
6170 or (B) other mental health counseling or other mental health or medical 41
6271 treatment services that may be appropriate for persons utilizing the 42
6372 overdose prevention center. A licensed health care provider's 43
6473 participation in the pilot program shall not be grounds for disciplinary 44
6574 action by the Department of Public Health pursuant to section 19a-17 of 45
6675 the general statutes or by any board or commission listed in subsection 46
6776 (b) of section 19a-14 of the general statutes. 47
68-(d) The Commissioner of Mental Health and Addiction Services may 48
69-establish an advisory committee to provide recommendations to the 49
70-Departments of Mental Health and Addiction Services and Public 50
71-Health concerning the overdose prevention pilot program in accordance 51 Substitute Bill No. 1285
77+Raised Bill No. 1285
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76-with subsection (e) of this section. If the commissioner establishes the 52
77-advisory committee, the commissioner shall serve as chairperson of the 53
78-advisory committee and the advisory committee shall consist of the 54
79-following additional members: (1) The Attorney General, or the 55
80-Attorney General's designee; (2) a representative of a medical society in 56
81-the state; (3) a representative of an association of hospitals in the state; 57
82-(4) a representative of the Connecticut chapter of a national society of 58
83-addiction medicine; (5) a person with a substance use disorder; (6) a 59
84-person working in overdose prevention; (7) two current or former law 60
85-enforcement officials, one of whom is or was a law enforcement official 61
86-in the state; (8) a representative of a conference of municipalities in the 62
87-state; (9) a person who has suffered a drug overdose; (10) a family 63
88-member of a person who suffered a fatal drug overdose; (11) a professor 64
89-at an institution of higher education in the state with experience 65
90-researching issues concerning overdose prevention; (12) a person with 66
91-experience in the establishment or operation of one or more overdose 67
92-prevention centers located outside of the United States; and (13) a 68
93-representative of a northeastern coalition of harm reduction centers. 69
94-(e) Any advisory committee established pursuant to subsection (d) of 70
95-this section shall make recommendations regarding the overdose 71
96-prevention pilot program to the Commissioners of Mental Health and 72
97-Addiction Services and Public Health concerning the following: 73
98-(1) Methods of maximizing the public health and safety benefits of 74
99-overdose prevention centers; 75
100-(2) The proper disposal of hypodermic needles and syringes and 76
101-other drug paraphernalia from the overdose prevention centers; 77
102-(3) The availability of programs to support persons utilizing the 78
103-overdose prevention centers in their recovery from a substance use 79
104-disorder; 80
105-(4) Any laws impacting the establishment and operation of the 81
106-overdose prevention centers; 82 Substitute Bill No. 1285
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83+(d) Not later than January 1, 2026, the Commissioner of Mental 48
84+Health and Addiction Services shall establish an advisory committee to 49
85+provide recommendations to the Departments of Mental Health and 50
86+Addiction Services and Public Health concerning the overdose 51
87+prevention pilot program in accordance with subsection (e) of this 52
88+section. The Commissioner of Mental Health and Addiction Services 53
89+shall serve as chairperson of the advisory committee. The advisory 54
90+committee shall consist of the following additional members: (1) The 55
91+Attorney General, or the Attorney General's designee; (2) a 56
92+representative of a medical society in the state; (3) a representative of an 57
93+association of hospitals in the state; (4) a representative of the 58
94+Connecticut chapter of a national society of addiction medicine; (5) a 59
95+person with a substance use disorder; (6) a person working in overdose 60
96+prevention; (7) two current or former law enforcement officials, one of 61
97+whom is or was a law enforcement official in the state; (8) a 62
98+representative of a conference of municipalities in the state; (9) a person 63
99+who has suffered a drug overdose; (10) a family member of a person 64
100+who suffered a fatal drug overdose; (11) a professor at an institution of 65
101+higher education in the state with experience researching issues 66
102+concerning overdose prevention; (12) a person with experience in the 67
103+establishment or operation of one or more overdose prevention centers 68
104+located outside of the United States; and (13) a representative of a 69
105+northeastern coalition of harm reduction centers. 70
106+(e) The advisory committee established pursuant to subsection (d) of 71
107+this section shall make recommendations regarding the overdose 72
108+prevention pilot program to the Commissioners of Mental Health and 73
109+Addiction Services and Public Health concerning the following: 74
110+(1) Methods of maximizing the public health and safety benefits of 75
111+overdose prevention centers; 76
112+(2) The proper disposal of hypodermic needles and syringes and 77
113+other drug paraphernalia from the overdose prevention centers; 78
114+Raised Bill No. 1285
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111-(5) Appropriate guidance to relevant professional licensing boards 83
112-concerning health care providers who provide services at the overdose 84
113-prevention centers; 85
114-(6) The consideration of any other factors relevant to the overdose 86
115-prevention centers that are beneficial to promoting the public health and 87
116-safety; and 88
117-(7) Liability protection for the property owners where the overdose 89
118-prevention centers are located, overdose prevention center staff, and 90
119-volunteers and participants at the overdose prevention centers, 91
120-including, but not limited to, immunity from criminal or civil liability 92
121-resulting from the operation of an overdose prevention center. 93
122-(f) The Commissioner of Mental Health and Addiction Services may 94
123-adopt regulations, in accordance with the provisions of chapter 54 of the 95
124-general statutes, to implement the provisions of this section. 96
125-(g) Not later than January 1, 2027, the Commissioner of Mental Health 97
126-and Addiction Services shall report, in accordance with the provisions 98
127-of section 11-4a of the general statutes, to the joint standing committee 99
128-of the General Assembly having cognizance of matters relating to public 100
129-health regarding the operation of the pilot program, if established, and 101
130-any recommendations from the advisory committee concerning such 102
131-pilot program or any legislation necessary to establish overdose 103
132-prevention centers on a permanent basis. 104
133-(h) The Department of Mental Health and Addiction Services shall 105
134-not expend any state funds in the implementation or operation of the 106
135-pilot program. The department may accept donations and grants of 107
136-money, equipment, supplies, materials and services from private 108
137-sources, and receive, utilize and dispose of such money, equipment, 109
138-supplies, material and services in the implementation and operation of 110
139-the pilot program. 111
140-Sec. 2. Subsection (b) of section 19a-638 of the general statutes is 112
141-repealed and the following is substituted in lieu thereof (Effective from 113 Substitute Bill No. 1285
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120+(3) The availability of programs to support persons utilizing the 79
121+overdose prevention centers in their recovery from a substance use 80
122+disorder; 81
123+(4) Any laws impacting the establishment and operation of the 82
124+overdose prevention centers; 83
125+(5) Appropriate guidance to relevant professional licensing boards 84
126+concerning health care providers who provide services at the overdose 85
127+prevention centers; 86
128+(6) The consideration of any other factors relevant to the overdose 87
129+prevention centers that are beneficial to promoting the public health and 88
130+safety; and 89
131+(7) Liability protection for the property owners where the overdose 90
132+prevention centers are located, overdose prevention center staff, and 91
133+volunteers and participants at the overdose prevention centers, 92
134+including, but not limited to, immunity from criminal or civil liability 93
135+resulting from the operation of an overdose prevention center. 94
136+(f) The Commissioner of Mental Health and Addiction Services shall 95
137+adopt regulations, in accordance with the provisions of chapter 54 of the 96
138+general statutes, to implement the provisions of this section. 97
139+(g) Not later than January 1, 2027, the Commissioner of Mental Health 98
140+and Addiction Services shall report, in accordance with the provisions 99
141+of section 11-4a of the general statutes, to the joint standing committee 100
142+of the General Assembly having cognizance of matters relating to public 101
143+health regarding the operation of the pilot program and any 102
144+recommendations from the advisory committee concerning the pilot 103
145+program or any legislation necessary to establish overdose prevention 104
146+centers on a permanent basis. 105
147+Sec. 2. Subsection (b) of section 19a-638 of the general statutes is 106
148+repealed and the following is substituted in lieu thereof (Effective from 107
149+Raised Bill No. 1285
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146-passage): 114
147-(b) A certificate of need shall not be required for: 115
148-(1) Health care facilities owned and operated by the federal 116
149-government; 117
150-(2) The establishment of offices by a licensed private practitioner, 118
151-whether for individual or group practice, except when a certificate of 119
152-need is required in accordance with the requirements of section 19a-120
153-493b or subdivision (3), (10) or (11) of subsection (a) of this section; 121
154-(3) A health care facility operated by a religious group that 122
155-exclusively relies upon spiritual means through prayer for healing; 123
156-(4) Residential care homes, as defined in subsection (c) of section 19a-124
157-490, and nursing homes and rest homes, as defined in subsection (o) of 125
158-section 19a-490; 126
159-(5) An assisted living services agency, as defined in section 19a-490; 127
160-(6) Home health agencies, as defined in section 19a-490; 128
161-(7) Hospice services, as described in section 19a-122b; 129
162-(8) Outpatient rehabilitation facilities; 130
163-(9) Outpatient chronic dialysis services; 131
164-(10) Transplant services; 132
165-(11) Free clinics, as defined in section 19a-630; 133
166-(12) School-based health centers and expanded school health sites, as 134
167-such terms are defined in section 19a-6r, community health centers, as 135
168-defined in section 19a-490a, not-for-profit outpatient clinics licensed in 136
169-accordance with the provisions of chapter 368v and federally qualified 137
170-health centers; 138
171-(13) A program licensed or funded by the Department of Children 139 Substitute Bill No. 1285
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155+passage): 108
156+(b) A certificate of need shall not be required for: 109
157+(1) Health care facilities owned and operated by the federal 110
158+government; 111
159+(2) The establishment of offices by a licensed private practitioner, 112
160+whether for individual or group practice, except when a certificate of 113
161+need is required in accordance with the requirements of section 19a-114
162+493b or subdivision (3), (10) or (11) of subsection (a) of this section; 115
163+(3) A health care facility operated by a religious group that 116
164+exclusively relies upon spiritual means through prayer for healing; 117
165+(4) Residential care homes, as defined in subsection (c) of section 19a-118
166+490, and nursing homes and rest homes, as defined in subsection (o) of 119
167+section 19a-490; 120
168+(5) An assisted living services agency, as defined in section 19a-490; 121
169+(6) Home health agencies, as defined in section 19a-490; 122
170+(7) Hospice services, as described in section 19a-122b; 123
171+(8) Outpatient rehabilitation facilities; 124
172+(9) Outpatient chronic dialysis services; 125
173+(10) Transplant services; 126
174+(11) Free clinics, as defined in section 19a-630; 127
175+(12) School-based health centers and expanded school health sites, as 128
176+such terms are defined in section 19a-6r, community health centers, as 129
177+defined in section 19a-490a, not-for-profit outpatient clinics licensed in 130
178+accordance with the provisions of chapter 368v and federally qualified 131
179+health centers; 132
180+Raised Bill No. 1285
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176-and Families, provided such program is not a psychiatric residential 140
177-treatment facility; 141
178-(14) Any nonprofit facility, institution or provider that has a contract 142
179-with, or is certified or licensed to provide a service for, a state agency or 143
180-department for a service that would otherwise require a certificate of 144
181-need. The provisions of this subdivision shall not apply to a short-term 145
182-acute care general hospital or children's hospital, or a hospital or other 146
183-facility or institution operated by the state that provides services that are 147
184-eligible for reimbursement under Title XVIII or XIX of the federal Social 148
185-Security Act, 42 USC 301, as amended; 149
186-(15) A health care facility operated by a nonprofit educational 150
187-institution exclusively for students, faculty and staff of such institution 151
188-and their dependents; 152
189-(16) An outpatient clinic or program operated exclusively by or 153
190-contracted to be operated exclusively by a municipality, municipal 154
191-agency, municipal board of education or a health district, as described 155
192-in section 19a-241; 156
193-(17) A residential facility for persons with intellectual disability 157
194-licensed pursuant to section 17a-227 and certified to participate in the 158
195-Title XIX Medicaid program as an intermediate care facility for 159
196-individuals with intellectual disabilities; 160
197-(18) Replacement of existing computed tomography scanners, 161
198-magnetic resonance imaging scanners, positron emission tomography 162
199-scanners, positron emission tomography-computed tomography 163
200-scanners, or nonhospital based linear accelerators, if such equipment 164
201-was acquired through certificate of need approval or a certificate of need 165
202-determination, provided a health care facility, provider, physician or 166
203-person notifies the unit of the date on which the equipment is replaced 167
204-and the disposition of the replaced equipment, including if a 168
205-replacement scanner has dual modalities or functionalities and the 169
206-applicant already offers similar imaging services for each of the 170
207-equipment's modalities or functionalities that will be utilized; 171 Substitute Bill No. 1285
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186+(13) A program licensed or funded by the Department of Children 133
187+and Families, provided such program is not a psychiatric residential 134
188+treatment facility; 135
189+(14) Any nonprofit facility, institution or provider that has a contract 136
190+with, or is certified or licensed to provide a service for, a state agency or 137
191+department for a service that would otherwise require a certificate of 138
192+need. The provisions of this subdivision shall not apply to a short-term 139
193+acute care general hospital or children's hospital, or a hospital or other 140
194+facility or institution operated by the state that provides services that are 141
195+eligible for reimbursement under Title XVIII or XIX of the federal Social 142
196+Security Act, 42 USC 301, as amended; 143
197+(15) A health care facility operated by a nonprofit educational 144
198+institution exclusively for students, faculty and staff of such institution 145
199+and their dependents; 146
200+(16) An outpatient clinic or program operated exclusively by or 147
201+contracted to be operated exclusively by a municipality, municipal 148
202+agency, municipal board of education or a health district, as described 149
203+in section 19a-241; 150
204+(17) A residential facility for persons with intellectual disability 151
205+licensed pursuant to section 17a-227 and certified to participate in the 152
206+Title XIX Medicaid program as an intermediate care facility for 153
207+individuals with intellectual disabilities; 154
208+(18) Replacement of existing computed tomography scanners, 155
209+magnetic resonance imaging scanners, positron emission tomography 156
210+scanners, positron emission tomography-computed tomography 157
211+scanners, or nonhospital based linear accelerators, if such equipment 158
212+was acquired through certificate of need approval or a certificate of need 159
213+determination, provided a health care facility, provider, physician or 160
214+person notifies the unit of the date on which the equipment is replaced 161
215+and the disposition of the replaced equipment, including if a 162
216+replacement scanner has dual modalities or functionalities and the 163
217+Raised Bill No. 1285
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212-(19) Acquisition of cone-beam dental imaging equipment that is to be 172
213-used exclusively by a dentist licensed pursuant to chapter 379; 173
214-(20) The partial or total elimination of services provided by an 174
215-outpatient surgical facility, as defined in section 19a-493b, except as 175
216-provided in subdivision (6) of subsection (a) of this section and section 176
217-19a-639e; 177
218-(21) The termination of services for which the Department of Public 178
219-Health has requested the facility to relinquish its license; 179
220-(22) Acquisition of any equipment by any person that is to be used 180
221-exclusively for scientific research that is not conducted on humans; 181
222-(23) On or before June 30, 2026, an increase in the licensed bed 182
223-capacity of a mental health facility, provided (A) the mental health 183
224-facility demonstrates to the unit, in a form and manner prescribed by 184
225-the unit, that it accepts reimbursement for any covered benefit provided 185
226-to a covered individual under: (i) An individual or group health 186
227-insurance policy providing coverage of the type specified in 187
228-subdivisions (1), (2), (4), (11) and (12) of section 38a-469; (ii) a self-188
229-insured employee welfare benefit plan established pursuant to the 189
230-federal Employee Retirement Income Security Act of 1974, as amended 190
231-from time to time; or (iii) HUSKY Health, as defined in section 17b-290, 191
232-and (B) if the mental health facility does not accept or stops accepting 192
233-reimbursement for any covered benefit provided to a covered 193
234-individual under a policy, plan or program described in clause (i), (ii) or 194
235-(iii) of subparagraph (A) of this subdivision, a certificate of need for such 195
236-increase in the licensed bed capacity shall be required. 196
237-(24) The establishment [at] of harm reduction centers through the 197
238-pilot program established pursuant to section 17a-673c or overdose 198
239-prevention centers through the pilot program established pursuant to 199
240-section 1 of this act; or 200
241-(25) On or before June 30, 2028, a birth center, as defined in section 201
242-19a-490, that is enrolled as a provider in the Connecticut medical 202 Substitute Bill No. 1285
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222+
223+applicant already offers similar imaging services for each of the 164
224+equipment's modalities or functionalities that will be utilized; 165
225+(19) Acquisition of cone-beam dental imaging equipment that is to be 166
226+used exclusively by a dentist licensed pursuant to chapter 379; 167
227+(20) The partial or total elimination of services provided by an 168
228+outpatient surgical facility, as defined in section 19a-493b, except as 169
229+provided in subdivision (6) of subsection (a) of this section and section 170
230+19a-639e; 171
231+(21) The termination of services for which the Department of Public 172
232+Health has requested the facility to relinquish its license; 173
233+(22) Acquisition of any equipment by any person that is to be used 174
234+exclusively for scientific research that is not conducted on humans; 175
235+(23) On or before June 30, 2026, an increase in the licensed bed 176
236+capacity of a mental health facility, provided (A) the mental health 177
237+facility demonstrates to the unit, in a form and manner prescribed by 178
238+the unit, that it accepts reimbursement for any covered benefit provided 179
239+to a covered individual under: (i) An individual or group health 180
240+insurance policy providing coverage of the type specified in 181
241+subdivisions (1), (2), (4), (11) and (12) of section 38a-469; (ii) a self-182
242+insured employee welfare benefit plan established pursuant to the 183
243+federal Employee Retirement Income Security Act of 1974, as amended 184
244+from time to time; or (iii) HUSKY Health, as defined in section 17b-290, 185
245+and (B) if the mental health facility does not accept or stops accepting 186
246+reimbursement for any covered benefit provided to a covered 187
247+individual under a policy, plan or program described in clause (i), (ii) or 188
248+(iii) of subparagraph (A) of this subdivision, a certificate of need for such 189
249+increase in the licensed bed capacity shall be required. 190
250+(24) The establishment [at] of harm reduction centers through the 191
251+pilot program established pursuant to section 17a-673c or overdose 192
252+prevention centers through the pilot program established pursuant to 193
253+Raised Bill No. 1285
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247-assistance program, as defined in section 17b-245g. 203
257+LCO No. 4442 8 of 8
258+
259+section 1 of this act; or 194
260+(25) On or before June 30, 2028, a birth center, as defined in section 195
261+19a-490, that is enrolled as a provider in the Connecticut medical 196
262+assistance program, as defined in section 17b-245g. 197
248263 This act shall take effect as follows and shall amend the following
249264 sections:
250265
251266 Section 1 from passage New section
252267 Sec. 2 from passage 19a-638(b)
253268
254-PH Joint Favorable Subst.
269+Statement of Purpose:
270+To establish an overdose prevention center pilot program.
271+
272+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
273+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
274+underlined.]
255275