Bill Summary – FastDemocracy

AS PASSED BY HOUSE AND SENATE                                                H.72
                                                                 Page 1 of 9
                                       H.72
    An act relating to a harm-reduction criminal justice response to drug use
 It is hereby enacted by the General Assembly of the State of Vermont:
                     * * * Overdose Prevention Centers * * *
 Sec. 1. 18 V.S.A. § 4256 is added to read:
 § 4256. OVERDOSE PREVENTION CENTERS
    (a) An overdose prevention center:
       (1) provides a space, either at a fixed location or a mobile facility,
 supervised by health care professionals or other trained staff where persons
 who use drugs can consume preobtained drugs and medication for substance
 use disorder;
       (2) provides harm reduction supplies, including sterile injection
 supplies; collects used hypodermic needles and syringes; and provides secure
 hypodermic needle and syringe disposal services;
       (3) provides drug-checking services;
       (4) answers questions on safer consumption practices;
       (5) administers first aid, if needed, and monitors and treats potential
 overdoses;
       (6) provides referrals to addiction treatment, medical services, and social
 services;
       (7) educates participants on the risks of contracting HIV and viral
 hepatitis, wound care, and safe sex education;
                                                                        VT LEG #377423 v.1
     AS PASSED BY HOUSE AND SENATE                                              H.72
                                                               Page 2 of 9
       (8) provides overdose prevention education and distributes overdose
 reversal medications, including naloxone;
       (9) educates participants regarding proper disposal of hypodermic
 needles and syringes;
       (10) provides reasonable security of the program site;
       (11) establishes operating procedures for the program as well as
 eligibility criteria for program participants; and
       (12) trains staff members to deliver services offered by the program.
    (b) The Department of Health, in consultation with stakeholders and health
 departments of other jurisdictions that have overdose prevention centers, shall
 develop operating guidelines for overdose prevention centers not later than
 September 15, 2024. The operating guidelines shall include the level of staff
 qualifications required for medical safety and treatment and referral support
 and require an overdose prevention center to staff trained professionals during
 operating hours who, at a minimum, can provide basic medical care, such as
 CPR, overdose interventions, first aid, and wound care, as well as have the
 ability to perform medical assessments with program participants to determine
 if there is a need for emergency medical service response. Overdose
 prevention center staff may include peers, case managers, medical
 professionals, and mental health counselors.
                                                                      VT LEG #377423 v.1
     AS PASSED BY HOUSE AND SENATE                                                 H.72
                                                                  Page 3 of 9
    (c)(1) The following persons are entitled to the immunity protections set
 forth in subdivision (2) of this subsection for participation in or with an
 approved overdose prevention center that is acting in the good faith provision
 of overdose prevention services in accordance with the guidelines established
 pursuant to this section:
            (A) an individual using the services of an overdose prevention center;
            (B) a staff member, operator, administrator, or director of an
 overdose prevention center, including a health care professional, manager,
 employee, or volunteer; or
            (C) a property owner, lessor, or sublessor on the property at which an
 overdose prevention center is located and operates;
            (D) an entity operating the overdose prevention center; and
            (E) a State or municipal employee acting within the course and scope
 of the employee’s employment.
       (2) Persons identified in subdivision (1) of this subsection shall not be:
            (A) cited, arrested, charged, or prosecuted for unlawful possession of
 a regulated drug in violation of this chapter or for attempting, aiding or
 abetting, or conspiracy to commit a violation of any of provision of this
 chapter;
            (B) subject to property seizure or forfeiture for unlawful possession
 of a regulated drug in violation of this chapter;
                                                                         VT LEG #377423 v.1
     AS PASSED BY HOUSE AND SENATE                                                  H.72
                                                                   Page 4 of 9
           (C) subject to any civil liability or civil or administrative penalty,
 including disciplinary action by a professional licensing board, credentialing
 restriction, contractual liability, or medical staff or other employment action;
 or
           (D) denied any right or privilege.
        (3) The immunity provisions of subdivisions (2)(A) and (B) of this
 subsection apply only to the use and derivative use of evidence gained as a
 proximate result of participation in or with an overdose prevention center.
 Entering, exiting, or utilizing the services of an overdose prevention center
 shall not serve as the basis for, or a fact contributing to the existence of,
 reasonable suspicion or probable cause to conduct a search or seizure.
        (4) The immunity provisions in subdivision (2)(C) of this subsection
 shall not apply to:
           (A) an individual using the services of an overdose prevention center
 if the basis for the civil claim is that the person operated a motor vehicle in
 violation of 23 V.S.A. § 1201; or
           (B) claims unrelated to the provision of overdose prevention services.
      (d) An entity operating an overdose prevention center shall make publicly
 available the following information annually on or before January 15:
        (1) the number of program participants;
        (2) deidentified demographic information of program participants;
                                                                          VT LEG #377423 v.1
     AS PASSED BY HOUSE AND SENATE                                                 H.72
                                                                  Page 5 of 9
         (3) the number of overdoses and the number of overdoses reversed on-
 site;
         (4) the number of times emergency medical services were contacted and
 responded for assistance;
         (5) the number of times law enforcement were contacted and responded
 for assistance; and
         (6) the number of participants directly and formally referred to other
 services and the type of services.
    (e) An overdose prevention center shall not be construed as a health care
 facility for purposes of chapter 221, subchapter 5 of this title.
 Sec. 1a. 18 V.S.A. § 9435(g) is added to read:
    (g) Excluded from this subchapter are overdose prevention centers
 established and operated in accordance with section 4256 of this title.
 Sec. 2. PILOT PROGRAM; OVERDOSE PREVENTION CENTERS
    (a) In fiscal year 2025, $1,100,000.00 is appropriated to the Department of
 Health from the Opioid Abatement Special Fund for the purpose of awarding
 grants to the City of Burlington for establishing an overdose prevention center
 upon submission of a grant proposal that has been approved by the Burlington
 City Council and meets the requirements of 18 V.S.A. § 4256, including the
 guidelines developed by the Department of Health pursuant to that section.
                                                                         VT LEG #377423 v.1
     AS PASSED BY HOUSE AND SENATE                                                 H.72
                                                                  Page 6 of 9
    (b) The Department of Health shall report on or before October 1, 2024,
 January 1, 2025, April 1, 2025, and July 1, 2025 to the Joint Fiscal Committee
 and the Joint Health Reform Oversight Committee regarding the status of
 distribution of the grants authorized in subsection (a) of this section.
    (c) It is the intent of the General Assembly to continue to appropriate funds
 from the Opioid Abatement Special Fund through fiscal year 2028 for the
 purpose of awarding grants to the City of Burlington for the operation of the
 pilot program.
 Sec. 3. STUDY; OVERDOSE PREVENTION CENTERS
    (a) On or before December 1, 2024, the Department of Health shall
 contract with a researcher or independent consulting entity with expertise in
 the field of rural addiction or overdose prevention centers, or both, to study the
 impact of the overdose prevention center pilot program authorized in Sec. 2 of
 this act. The study shall evaluate the current impacts of the overdose crisis in
 Vermont, as well as any changes up to four years following the implementation
 of the overdose prevention center pilot program. The work of the researcher or
 independent consulting entity shall be governed by the following goals:
       (1) the current state of the overdose crisis and deaths across the State of
 Vermont and the impact of the overdose prevention center pilot program on the
 overdose crisis and deaths across Vermont, with a focus on the community
 where the pilot program is established;
                                                                         VT LEG #377423 v.1
     AS PASSED BY HOUSE AND SENATE                                              H.72
                                                               Page 7 of 9
       (2) the current crime rates in the community where the overdose
 prevention center pilot program will be established and the impact of the
 overdose prevention center pilot program on crime rates in the community
 where the overdose prevention center pilot program is established;
       (3) the current rates of syringe litter in the community where the
 overdose prevention center pilot program will be established and the impact of
 the overdose prevention center pilot program on the rate of syringe litter where
 the overdose prevention center pilot program is established;
       (4) the current number of emergency medical services response calls
 related to overdoses across Vermont, with a focus on the community where the
 pilot program will be established and the impact of the overdose prevention
 center pilot program on the number of emergency response calls related to
 overdoses;
       (5) the current rate of syringe service program participant uptake of
 treatment and recovery services and the impact of the overdose prevention
 center pilot program on the rates of participant uptake of treatment and
 recovery services; and
       (6) the impact of the overdose prevention center pilot program on the
 number of emergency response calls related to overdoses and other opioid-
 related medical needs across Vermont, with a focus on the community where
 the pilot program is established.
                                                                      VT LEG #377423 v.1
     AS PASSED BY HOUSE AND SENATE                                               H.72
                                                                Page 8 of 9
    (b) The Department of Health shall collaborate with the researcher or
 independent consulting entity to provide the General Assembly with interim
 annual reports on or before January 15 of each year with a final report
 containing the results of the study and any recommendations on or before
 January 15, 2029.
 Sec. 4. APPROPRIATION; STUDY; OVERDOSE PREVENTION
         CENTER
    In fiscal year 2025, $300,000.00 is appropriated to the Department of
 Health from the Opioid Abatement Special Fund for the purpose of funding the
 study of the impact of overdose prevention center pilot programs authorized in
 Sec. 2 of this act.
                       * * * Syringe Service Programs * * *
 Sec. 5. 18 V.S.A. § 4475(a)(2) is amended to read:
       (2) “Organized community-based needle exchange program” means a
 program approved by the Commissioner of Health under section 4478 of this
 title, the purpose of which is to provide access to clean needles and syringes,
 and that is operated by an AIDS service organization, a substance abuse
 treatment provider, or a licensed health care provider or facility. Such
 programs shall be operated in a manner that is consistent with the provisions of
 10 V.S.A. chapter 159 (waste management; hazardous waste), and any other
 applicable laws.
                                                                       VT LEG #377423 v.1
     AS PASSED BY HOUSE AND SENATE                                               H.72
                                                                Page 9 of 9
 Sec. 6. 18 V.S.A. § 4478 is amended to read:
 § 4478. NEEDLE EXCHANGE PROGRAMS
    The Department of Health, in collaboration consultation with the statewide
 harm reduction coalition community stakeholders, shall develop operating
 guidelines for needle exchange programs. If a program complies with such
 operating guidelines and with existing laws and rules, it shall be approved by
 the Commissioner of Health. Such operating guidelines shall be established
 not later than September 30, 1999. A needle exchange program may apply to
 be an overdose prevention center pursuant to section 4256 of this title.
                       * * * Technical Amendments * * *
 Sec. 7. 18 V.S.A. § 4254 is redesignated to read:
 § 4254. REPORTING A DRUG OVERDOSE; IMMUNITY FROM
         LIABILITY
 Sec. 8. REDESIGNATION
    18 V.S.A. §§ 4240 and 4240a are redesignated as 18 V.S.A. §§ 4257 and
 4258.
                            * * * Effective Date * * *
 Sec. 9. EFFECTIVE DATE
    This act shall take effect on passage.
                                                                       VT LEG #377423 v.1
Statutes affected: 
As Introduced: 18-4254, 18-4231, 13-5453
As Passed By the House -- Official: 18-4254, 18-4231, 13-5453, 18-4475(2), 18-4475, 18-4478, 33-2004, 33-2004a
As Passed By the House -- Unofficial: 18-4254, 18-4475(2), 18-4475, 18-4478, 33-2004, 33-2004a
As Passed by Both House and Senate -- Official: 18-4254, 18-4231, 13-5453, 18-4475(2), 18-4475, 18-4478, 33-2004, 33-2004a, 18-4475(a)(2), 18-4475(a)
As Passed by Both House and Senate -- Unofficial: 18-4475(a)(2), 18-4475, 18-4475(a), 18-4478