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Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1.  5 MRSA c. 521, sub-c. 3-A  is enacted to read:
SUBCHAPTER 3-A
SAFER DRUG USE FACILITIES
§ 20054. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
 
1.  Facility.     "Facility" means a safer drug use facility that meets the qualifications and requirements of section 20055.
§ 20055. Precertification
The department must precertify a facility in accordance with this section prior to a referendum pursuant to section 20056.
 
1.  Qualifications of an applicant.     The department may precertify an entity as a facility to be operated by an applicant only if the entity has established:
 
A.  Services for people currently using opioids, with a history of using opioids or seeking treatment for opioid use;
 
B.  Standing orders for naloxone hydrochloride from a licensed health care professional authorized by law to prescribe naloxone hydrochloride;
 
C.  Overdose prevention and reversal programs that include overdose prevention, identification of risk factors and overdose reversal techniques;
 
D.  Referral networks, which may include agreements with primary care providers, drug treatment providers and social services providers; and
 
E.  Systems by which to collect and report on basic demographic and service-level data.
 
2.  Facility requirements.     In order for a facility to be precertified under this section, an applicant must demonstrate that the applicant is able to:
 
A.  Provide a location supervised by trained staff where a client may self-administer previously obtained drugs;
 
B.  Provide sterile drug use supplies, collect used hypodermic needles and syringes and provide secure hypodermic needle and syringe disposal services;
 
C.  Provide overdose prevention education;
 
D.  Distribute or administer naloxone hydrochloride;
 
E.  Educate clients on the risks of contracting human immunodeficiency virus, viral hepatitis and sexually transmitted infections;
 
F.  Answer questions about safer injection practices;
 
G.  Monitor clients for potential overdose;
 
H.  Provide referrals to services, including substance use disorder counseling and treatment, reproductive health education and services and wound care;
 
I.  Provide reasonable and adequate security of the facility, equipment, staff and clients; and
 
J.  Meet the reporting requirements in section 20059.
 
3.  Process.     This subsection governs the process for precertification of a facility by the department.
 
A.  An entity that meets the qualifications of subsection 1 may apply to the department for precertification as a facility that meets or will meet the requirements of this subchapter.
 
B.  Upon receipt of an application under paragraph A, the department shall determine whether the applicant and the proposed facility meet the requirements of subsections 1 and 2. The department shall notify the applicant of the department's determination within 45 days of receipt of the application, and, if the department denies the application, the department shall include with the denial a written explanation of the department's determination, including an explanation of any defects in the application that prevented precertification of the proposed facility. A denied applicant may reapply for precertification at any time after denial. If the department determines that the applicant and the proposed facility meet the requirements of subsections 1 and 2, the department shall precertify the facility.
§ 20056. Municipal approval
A facility that is precertified by the department under section 20055 may be certified by the department only if the facility is approved by referendum vote in accordance with this section and section 20057.
 
1.  Consent or petition.     The submission of a question of whether to approve a precertified facility to the legal voters of a municipality is governed by this subsection.
 
A.  The municipal officers of the municipality in which a precertified facility is proposed to be located may submit the question of whether to approve the facility to the legal voters of the municipality.
 
B.  The municipal officers must submit the question of whether to approve a precertified facility to the legal voters of the municipality upon receiving a written petition, signed by at least 5% of the registered voters in the municipality or signed by at least 500 registered voters in the municipality, whichever is lower, requesting that the question be submitted to the legal voters of the municipality.
 
2.  Referendum.     The petition process and voting must be held and conducted in accordance with Title 30-A, sections 2528, 2529 and 2532 even if the municipality has not accepted the provisions of Title 30-A, section 2528. The voting at elections must be held and conducted in accordance with Title 21-A. The municipal clerk shall prepare the required ballots, which must contain a question in substantially the following form:
 
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion of the same. The municipal clerk shall make a return of the results, certify the results and send them to the Secretary of State. The Secretary of State shall forward the results to the department.
 
A facility is approved under this section if it is accepted by a majority of the legal voters voting at the election and the total number of votes cast equals or exceeds 20% of the total number of votes cast in that municipality in the most recent gubernatorial election.
§ 20057. Certification
If fewer than 2 facilities have been certified in the State under this chapter, the department must certify a facility approved under section 20056.
§ 20058. Facility revenue
A facility may accept a donation, grant or other financial assistance and may apply for a grant from the department or any nonprofit or private organization. A facility may not be denied financial assistance solely because it operates as a facility.
§ 20059. Reports
 
1.  Reports by a facility.     A facility certified under section 20057 shall collect and report to the department aggregate demographic information about persons who use the facility as well as information about the services provided and other information required by the department under this section. A facility certified under section 20057 shall provide a report under this section to the department on or before November 15th of each year for the prior 12-month period ending on October 31st. The department shall define by rule the demographic data and other information to be collected and reported by a facility under this section.
 
2.  Reports by the department.     The department shall evaluate the effectiveness of all facilities certified under section 20057 to determine whether to continue operation of the facilities and whether additional facilities should be certified. Beginning January 31, 2020, the department shall submit a report of the evaluation accompanied by individual facility reports to the joint standing committee of the Legislature having jurisdiction over health and human services matters on or before January 31st of each year.
§ 20060. Exemption from criminal liability
 
1.  Definitions.     For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Applicable law" includes:
 
(1) Title 17-A, section 1107-A;
 
(2) Title 17-A, section 1111-A; or
 
(3) A condition of probation imposed under Title 17-A, chapter 49 related to the use or possession of drugs or drug paraphernalia as defined in Title 17-A, section 1111-A.
 
B.  "Authorized activities of a facility" means the activities of a certified facility described in section 20055, subsection 2.
 
C.  "Certified facility" means a facility certified under section 20057.
 
D.  "Detention" has the same meaning as in Title 15, section 3003, subsection 4-B.
 
2.  Exemption from criminal liability.     Notwithstanding any other provisions of law:
 
A.  A person who uses the services of a certified facility may not be arrested, prosecuted or held in detention for a violation of applicable law on the premises of the certified facility;
 
B.  A staff member of a certified facility, including but not limited to a manager or employee of the facility, a contractor of the facility, a volunteer with the facility or an owner or lessor of the facility may not be arrested, prosecuted or held in detention for any criminal violation directly related to engaging in authorized activities of a facility on the premises of that facility; and
 
C.  The provisions of Title 15, chapter 517 do not apply to a certified facility in connection with authorized activities at the facility and real or personal property may not be seized by a law enforcement officer.
§ 20060-A. Rules
The department shall adopt major substantive rules as defined by chapter 375, subchapter 2-A to carry out the provisions of this subchapter.
Sec. 2. Rulemaking. The Department of Health and Human Services shall provisionally adopt rules to implement the Maine Revised Statutes, Title 5, Part 25, chapter 521, subchapter 3-A no later than January 12, 2018.
Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.
 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
 
Division of Licensing and Regulatory Services Z036
 
Initiative: Provides funding for a contract with a 3rd party to conduct a program evaluation.

GENERAL FUND	2017-18	2018-19	
All Other	$150,000	$150,000	
			
GENERAL FUND TOTAL	$150,000	$150,000	

Division of Licensing and Regulatory Services Z036
 
Initiative: Provides funding for one Social Services Program Specialist II position and one Office Associate II position to manage the Safer Drug Use Facilities program within the Division of Licensing and Regulatory Services.

GENERAL FUND	2017-18	2018-19	
POSITIONS - LEGISLATIVE COUNT	2.000	2.000	
Personal Services	$144,414	$149,160	
All Other	$12,572	$12,572	
			
GENERAL FUND TOTAL	$156,986	$161,732	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)			
DEPARTMENT TOTALS	2017-18	2018-19	
			
GENERAL FUND	$306,986	$311,732	
			
DEPARTMENT TOTAL - ALL FUNDS	$306,986	$311,732	
 
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SUMMARY
This amendment is the minority report of the committee and replaces the bill. It establishes a precertification process within the Department of Health and Human Services that would review the qualifications of an applicant seeking to open a safer drug use facility and it establishes requirements for such a facility. It provides certain exemptions from criminal liability for clients and staff members of a facility. It provides for a referendum process at the municipal level for municipalities to approve the establishment of a safer drug use facility.
The amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)