‘An Act To Require Recovery Residences for Persons with Substance Use Disorder Be Equipped with Naloxone and To Exempt from Criminal Liability Persons Administering Naloxone’
| HP0227 LD 303 |
Session - 129th Maine Legislature C "A", Filing Number H-406, Sponsored by
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LR 695 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Require Recovery Residences for Persons with Substance Use Disorder Be Equipped with Naloxone and To Exempt from Criminal Liability Persons Administering Naloxone’
Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 17-A MRSA §1111-B, as enacted by PL 2019, c. 137, §1, is amended to read:
§ 1111-B. Exemption from criminal liability for reporting a drug-related medical emergency or administering naloxone
A person who in good faith seeks medical assistance for or administers naloxone hydrochloride to another person experiencing a drug-related overdose or who is experiencing a drug-related overdose and is in need of medical assistance may not be arrested or prosecuted for a violation of section 1107-A, 1108, 1111 or 1111-A or a violation of probation as authorized by chapter 49 if the grounds for arrest or prosecution are obtained as a result of the person's seeking medical assistance , administering naloxone hydrochloride or experiencing a drug-related overdose.
Sec. 2. 22 MRSA §2353, sub-§1, ¶E is enacted to read:
Sec. 3. 22 MRSA §2353, sub-§4-A is enacted 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 relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment, which is the unanimous report of the committee, strikes and replaces the bill and does the following.
1. It makes the requirements of the bill apply only to recovery residences and not to other housing-based programs and expands the definition of "recovery residence."
2. It changes the requirement for on-site storage of naloxone hydrochloride from at least one unit for every 3 residents of a housing-based program to at least 2 units for each floor of a recovery residence.
3. It exempts from arrest or prosecution a person who in good faith administers naloxone hydrochloride to another person experiencing a drug-related overdose. The person may not be arrested or prosecuted for a violation of laws prohibiting the unlawful possession of scheduled drugs, acquiring drugs by deception, the illegal possession of hypodermic apparatuses or the use of drug paraphernalia or a violation of probation if the grounds for arrest or prosecution are obtained as a result of the person's administering naloxone hydrochloride.
4. It removes the requirement that full-time employees of a housing-based program receive training and provides instead that residents of a recovery residence, employees of a recovery residence and all other persons involved in the administration of a recovery residence are required to successfully complete training in the administration of naloxone hydrochloride that meets the protocols and criteria established by the Department of Health and Human Services.