Amend the bill by striking out all of sections 1 and 2.
Amend the bill by striking out all of section 3 and inserting the following:
‘Sec. 3. 17-A MRSA §1125 is enacted to read:
A person who experiences a drug overdose and is in need of medical assistance or a person acting in good faith who seeks medical assistance for another experiencing a drug overdose may not be arrested, prosecuted or held in detention under section 1107-A, 1108, 1111 or 1111-A or chapter 49 if the grounds for the arrest, prosecution or detention arose from the person's seeking medical assistance for the drug overdose. For the purposes of this section, "detention" has the same meaning as in Title 15, section 3003, subsection 4-B.’
Amend the bill by striking out all of section 4.
Amend the bill in section 5 in subsection 4 in the 5th and 6th lines (page 1, lines 28 and 29 in L.D.) by striking out the following: " rules adopted by the department and the provisions of" and inserting the following: 'rules adopted by the department and the provisions of'
Amend the bill in section 5 in subsection 4 by striking out all of the blocked paragraph (page 2, lines 10 to 12 in L.D.) and inserting a new blocked paragraph to read:
‘The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.’
Amend the bill by striking out all of section 8 and inserting the following:
‘Sec. 8. Rulemaking. The Department of Health and Human Services shall provisionally adopt rules to implement Title 22, section 2353, subsection 4 no later than January 15, 2018.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment is the minority report of the committee. It removes the provisions in the bill that decriminalize possession of a hypodermic apparatus. It returns to the Department of Health and Human Services rule-making authority over establishing community-based drug overdose prevention programs, which is removed in the bill. It directs the department to provisionally adopt rules regarding community-based drug overdose prevention programs by January 15, 2018. It removes from the bill the appropriation for syringe exchange programs and naloxone hydrochloride distribution.