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5 | 5 | | 2023 -- S 0026 |
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6 | 6 | | ======== |
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7 | 7 | | LC000291 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO HEALTH AND SAFETY -- HARM REDUCTION CENTER ADV ISORY |
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16 | 16 | | COMMITTEE AND PILOT PROGRAM |
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17 | 17 | | Introduced By: Senator Joshua Miller |
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18 | 18 | | Date Introduced: January 18, 2023 |
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19 | 19 | | Referred To: Senate Health & Human Services |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Sections 23-12.10-1 and 23-12.10-5 of the General Laws in Chapter 23-12.10 1 |
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24 | 24 | | entitled "Harm Reduction Center Advisory Committee and Pilot Program. [Expires March 1, 2 |
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25 | 25 | | 2024.]" are hereby amended to read as follows: 3 |
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26 | 26 | | 23-12.10-1. Purpose and creation — Municipal authorization required. [Expires 4 |
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27 | 27 | | March 1, 2024.] Purpose and creation — Municipal authorization required. [Expires March 5 |
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28 | 28 | | 1, 2026.] 6 |
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29 | 29 | | (a) The purpose of this chapter is to authorize a two-year (2) four (4) year pilot program to 7 |
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30 | 30 | | prevent drug overdoses through the establishment of “harm reduction centers,” which, as used in 8 |
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31 | 31 | | this chapter, shall be defined as a community-based resource for health screening, disease 9 |
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32 | 32 | | prevention, and recovery assistance where persons may safely consume pre-obtained substances. 10 |
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33 | 33 | | Smoking of pre-obtained substances shall also be permitted within the harm reduction center. 11 |
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34 | 34 | | (b) Each harm reduction center shall provide the necessary healthcare professionals to 12 |
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35 | 35 | | prevent overdose, and shall provide referrals for counseling or other medical treatment that may be 13 |
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36 | 36 | | appropriate for persons utilizing the harm reduction center. 14 |
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37 | 37 | | (c) The director of the department of health shall promulgate regulations to authorize the 15 |
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38 | 38 | | program established by this chapter, and in accordance with § 23-12.10-5. Nothing contained in 16 |
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39 | 39 | | this section authorizes a harm reduction center without approval of the municipality in which the 17 |
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40 | 40 | | center is proposed. 18 |
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42 | 42 | | |
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43 | 43 | | LC000291 - Page 2 of 3 |
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44 | 44 | | (d)(1) Any harm reduction center proposed to be operated pursuant to the provisions of this 1 |
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45 | 45 | | chapter shall require municipal authorization and approval prior to opening or operating in any 2 |
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46 | 46 | | community within this state. 3 |
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47 | 47 | | (2) As used in this chapter, the term “municipal authorization and approval” means an 4 |
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48 | 48 | | express affirmative vote by the city or town council, or the equivalent governing body, of any 5 |
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49 | 49 | | municipality where a harm reduction center is proposed to be located, which affirmative vote 6 |
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50 | 50 | | approves: 7 |
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51 | 51 | | (i) The opening and operation of the proposed harm reduction center; 8 |
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52 | 52 | | (ii) The exact location of the proposed harm reduction center, which shall include street 9 |
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53 | 53 | | address and plat and lot number or other applicable number as used by the municipality’s tax 10 |
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54 | 54 | | assessor; and 11 |
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55 | 55 | | (iii) An express authorization as to the hours of operation of the proposed harm reduction 12 |
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56 | 56 | | center. 13 |
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57 | 57 | | (e) Each harm reduction center approved for operation pursuant to the provisions of this 14 |
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58 | 58 | | chapter shall cease operations on or before March 1, 2024 2026, unless an act of the general 15 |
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59 | 59 | | assembly expressly authorizes the continuation of the operation of the harm reduction center. 16 |
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60 | 60 | | 23-12.10-5. Promulgation of regulations. [Expires March 1, 2024.] Promulgation of 17 |
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61 | 61 | | regulations. [Expires March 1, 2026.] 18 |
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62 | 62 | | The director of the department of health shall promulgate regulations authorized by this 19 |
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63 | 63 | | chapter no later than March 1, 2022. Provided, the director shall amend these regulations to the 20 |
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64 | 64 | | extent the director deems necessary after March 1, 2022, to address the smoking of pre-obtained 21 |
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65 | 65 | | substances. 22 |
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66 | 66 | | SECTION 2. Chapter 23-12.10 of the General Laws entitled "Harm Reduction Center 23 |
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67 | 67 | | Advisory Committee and Pilot Program. [Effective March 1, 2022, and Expires March 1, 2024.]" 24 |
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68 | 68 | | is hereby amended by adding thereto the following section: 25 |
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69 | 69 | | 23-12.10-6. Sunset. 26 |
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70 | 70 | | On or before January 31, 2026, the director of the department of health and the attorney 27 |
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71 | 71 | | general shall submit to the governor, the speaker of the house and the president of the senate, 28 |
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72 | 72 | | recommendations as to continuation of the provisions of this chapter, and unless extended by the 29 |
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73 | 73 | | general assembly, the provisions of this chapter shall sunset and expire on March 1, 2026. 30 |
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74 | 74 | | SECTION 3. This act shall take effect upon passage. 31 |
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75 | 75 | | ======== |
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76 | 76 | | LC000291 |
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77 | 77 | | ======== |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC000291 - Page 3 of 3 |
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81 | 81 | | EXPLANATION |
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82 | 82 | | BY THE LEGISLATIVE COUNCIL |
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83 | 83 | | OF |
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84 | 84 | | A N A C T |
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85 | 85 | | RELATING TO HEALTH AND SAFETY -- HARM REDUCTION CENTE R ADVISORY |
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86 | 86 | | COMMITTEE AND PILOT PROGRAM |
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87 | 87 | | *** |
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88 | 88 | | This act would extend the expiration date of the Harm Reduction Center Advisory 1 |
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89 | 89 | | Committee and Pilot Program by two years, from March 1, 2024, to March 1, 2026. Each harm 2 |
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90 | 90 | | reduction center would have to cease operations on or before March 1, 2026. The act would also 3 |
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91 | 91 | | permit the smoking of pre-obtained substances within a harm reduction center. 4 |
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92 | 92 | | This act would take effect upon passage. 5 |
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93 | 93 | | ======== |
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94 | 94 | | LC000291 |
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