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An Act To Reduce Morbidity and Mortality Related to Opioid Misuse
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1111, as amended by PL 2007, c. 346, Pt. B, §4, is repealed.
Sec. 2. 17-A MRSA §1111-A, sub-§2, as enacted by PL 1981, c. 266, is amended to read:
 
2.    For purposes of this section, drug paraphernalia does not include hypodermic apparatusapparatuses. Possession of, furnishingFurnishing or trafficking in hypodermic apparatus constituteapparatuses constitutes a separate offensesoffense under sectionssection 1110 and 1111.
Sec. 3.  17-A MRSA §1125  is enacted to read:
§ 1125. Exemption from criminal liability for person who seeks medical assistance
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 incarcerated under section 1107-A, 1108 or 1111-A or chapter 49 if the grounds for the arrest, prosecution or incarceration were obtained as a result of the person's seeking medical assistance for the drug overdose.
Sec. 4. 17-A MRSA §1301, sub-§6, as amended by PL 2011, c. 464, §22, is further amended to read:
 
6.    In addition to any other authorized sentencing alternative, the court shall impose a minimum fine of $400, none of which may be suspended, for a person convicted of a crime under section 1103; 1104; 1105-A; 1105-B; 1105-C; 1105-D; 1106; 1107-A; 1108; 1109; 1110; 1111; 1111-A, subsection 4-A; 1116; 1117; or 1118.
Sec. 5. 22 MRSA §2353, sub-§4, as corrected by RR 2015, c. 1, §19, is amended to read:
 
4. Community-based drug overdose prevention programs; standing orders for naloxone hydrochloride.   Acting under standing orders from a licensed health care professional authorized by law to prescribe naloxone hydrochloride, a public health agency that provides services to populations at high risk for a drug overdose may establish an overdose prevention program in accordance with rules adopted by the department and the provisions of this subsectionparagraph C.
 
A. Notwithstanding any other provision of law, an overdose prevention program established under this subsection may store and dispense naloxone hydrochloride without being subject to the provisions of Title 32, chapter 117 as long as these activities are undertaken without charge or compensation.
 
B. An overdose prevention program established under this subsection may distribute unit-of-use packages of naloxone hydrochloride and the medical supplies necessary to administer the naloxone hydrochloride to a person who has successfully completed training provided by the overdose prevention program that meets the protocols and criteria established by the department, so that the person may possess and administer naloxone hydrochloride to an individual who appears to be experiencing an opioid-related drug overdose.
 
C.  An overdose prevention program established under this subsection must:
 
(1) Educate consumers about safe injection practices, including opioid overdose prevention;
 
(2) Provide referrals to additional services, including treatment and recovery services for persons with substance use disorders; and
 
(3) Collect and report basic demographic and service-level data derived from the services provided.
 
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.
Sec. 6. 22 MRSA §2383-B, sub-§6, as amended by PL 2015, c. 27, §1, is further amended to read:
 
6. Lawful possession of hypodermic apparatuses by livestock owners; sale to livestock owners.   A person who owns livestock is authorized to possess and have control of hypodermic apparatuses for the purpose of administering antibiotics, vitamins and vaccines to treat medical conditions or promote the health of that person's livestock, and such possession and control are expressly authorized within the meaning of Title 17-A, section 1111, subsection 1, paragraph A. For the purposes of this subsection, "livestock" means cattle, equines, sheep, goats, swine, members of the genus Lama, poultry, rabbits and cervids as defined in Title 7, section 1333, subsection 1.
 
A. An agricultural supply store authorized to sell hypodermic apparatuses pursuant to Title 32, section 13787-A, subsection 1 may furnish or sell, without limit in number, hypodermic apparatuses to a person authorized to possess and have control of hypodermic apparatuses pursuant to this subsection, and such furnishing or sale is expressly authorized within the meaning of Title 17-A, section 1110, subsection 1-B.
Sec. 7. 32 MRSA §13787-A, sub-§3, ¶B, as enacted by PL 1993, c. 394, §2, is repealed.
Sec. 8. Appropriations and allocations. The following appropriations and allocations are made.
 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
 
Syringe exchange programs
 
Initiative: Provides funds to support syringe exchange programs pursuant to the Maine Revised Statutes, Title 22, section 1341, subsection 4.

GENERAL FUND	2017-18	2018-19	
All Other	$75,000	$75,000	
			
GENERAL FUND TOTAL	$75,000	$75,000	

Community-based overdose prevention programs
 
Initiative: Provides funds to support naloxone hydrochloride distribution through community-based overdose prevention programs under the Maine Revised Statutes, Title 22, section 2353, subsection 4. The award of funds under this initiative for fiscal year 2017-18 must occur no later than 60 days after the effective date of this Act.

GENERAL FUND	2017-18	2018-19	
All Other	$50,000	$50,000	
			
GENERAL FUND TOTAL	$50,000	$50,000	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF			
DEPARTMENT TOTALS	2017-18	2018-19	
			
GENERAL FUND	$125,000	$125,000	

			
DEPARTMENT TOTAL - ALL FUNDS	$125,000	$125,000	

SUMMARY
This bill:
1. Repeals the provision making possession of a hypodermic apparatus a crime;
2. Creates a medical assistance exemption from criminal liability, including arrest, prosecution or incarceration, for a person who seeks medical assistance for that person's self or another who experiences a drug overdose if the grounds for the arrest, prosecution or incarceration were obtained as a result of the person's seeking medical assistance;
3. Removes Department of Health and Human Services rule-making authority over establishing community-based drug overdose prevention programs and adds statutory criteria for the establishment of the programs; and
4. Appropriates to the Department of Health and Human Services $75,000 for syringe exchange programs and $50,000 for naloxone hydrochloride distribution through community-based drug prevention programs for each year of the current biennium.