HB 263 — OVERDOSE PREVENTION PROGRAM

HOUSE BILL 263 56TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Tara L.

Lujan and Dayan Hochman-Vigil 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby PUBLICa HEALTH;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

AMENDINGThe THEdocument HARMis REDUCTIONa ACTtool TOto CREATEshow THEamendments OVERDOSEin PREVENTIONcontext PROGRAM;and cannot be used for the purpose of adding amendments to legislation.

LIMITINGh CIVILAN ANDACT CRIMINALg LIABILITYo FORRELATING PEOPLE ACTING PURSUANT TO THEPUBLIC HARMHEALTH; REDUCTION ACT.

16AMENDING BETHE ITHARM ENACTEDREDUCTION BYACT THETO LEGISLATUREt OFhr THEg STATEe OFi NEWk MEXICO:CREATE THE OVERDOSE PREVENTION PROGRAM;

eLIMITING tCIVIL 17AND SECTIONh 1.r i s CRIMINAL LIABILITY FOR PEOPLE ACTING PURSUANT TO THE HARM h , t, REDUCTION ACT.

Sectione 24-2C-1u NMSAg 1978e (beingb Lawsl 1997,e we lh n d 18d Chapteri 256,= Section= 1)o ish amendedBE toIT read:ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

=l =] 19b ,d i a lº "24-2C-1.e SECTION 1.

SHORTSection TITLE.--[Sections24-2C-1 1NMSA through1978 6(being ofLaws this1997, r i a= e r 20t act]e Chapterw 24,d Articlem 2C NMSA 1978 may be cited as the "Harm a tn mo mChapter 21256, ReductionSection Act"."1) dis ramended eto 22read: SECTION 2.

Sectiond 24-2C-3m NMSA: 1978 (being Laws 1997, c e s k 23 Chapter 256, Section 3, as amended) is amended to read:

b e d s º o t n = .224044.3AIC March 9, 2023 (10:47am) s k m e e a n be 24d "24-2C-3.r e l u [ A d "24-2C-1.

DEFINITIONS.--AsSHORT usedTITLE.--[Sections in1 through 6 of this act] Chapter 24, Article 2C NMSA 1978 may be cited as the Harm"Harm Reduction uAct"." [SECTION Act:2.

.224044.3Section A.24-2C-3 NMSA 1978 (being Laws 1997, Chapter 256, Section 3, as amended) is amended to read:

"24-2C-3.

DEFINITIONS.--As used in the Harm Reduction Act:

A.

"participant" means a person who receives supplies or devices or services provided by the harm reduction program or the overdose prevention program."program ." SECTION 3.

h (1) establish and administer a program that g o t hr shall be known as the "harm reduction program" to reduce g e i k overdose mortality and other negative health outcomes h r i s associated with drug use;

h , t, (2) establish and administer a program that e u g e b l e e h shall be known as the "overdose prevention program" to reduce n d d i = = o h death, disease and injury associated with drug use;

el t] 17b ,d i a º e [(2)] (3) pursuant to rules established by the wr li n d 18 department, qualify persons as harm reduction or overdose = =r 19t ae lw preventiond programm participants, issue a documentn thato idepartment, aqualify epersons r 20 identifies the bearer of the document as aharm participantreduction andor aoverdose td m m: 21 provide the bearer of the document with access to supplies, d r e 22 devices or services provided by the program;

cb e d s kº 23o [(3)]t (4)n compile= data.224044.3AIC toMarch assist9, in2023 planning(10:47am) s k m e - 2 - e a n be 24d andr evaluatinge effortsl tou combat[ overdoseA mortalityd andprevention otherprogram uparticipants, [issue negativea healthdocument outcomesthat associatedidentifies the bearer of the document as a participant and provide the bearer of the document with drugaccess use.to supplies, devices or services provided by the program;

The[(3)] .224044.3(4) -compile 2data -to departmentassist shallin notplanning collectand personalevaluating data,efforts suchto ascombat theoverdose name,mortality dateand ofother birthnegative orhealth addressoutcomes ofassociated participants;with drug use.

The department shall not collect HJCºpersonal data, such as the name, date of birth or address of participants»HJC HJCºthe full name or address of participants, except as required by law for testing, treatment of infectious disease or other medical treatment»HJC ;

The department shall appoint an advisory h committee to include representation from:

g o t hr (1) the office of the attorney general;

g e i k (2) the New Mexico state police division of h r i s the department of public safety;

h , t, e u g (3) the infectious disease prevention and e b l e e h control bureau of the department;

n d d i = = o h (4) the director of the epidemiology and l ] b ,d i a º e response division of the department or the director's designee;

r i = r t e w d m a n o (5) a medical officer of the public health divisiond ofm the: department;

andb e td 17s (6)º othero personst orn representatives= as.224044.3AIC chosenMarch w9, l2023 n(10:47am) ds 18k bym thee secretary- of3 health- toe ensure a thoroughn ande unbiasedd =r =e 19 a l evaluationu of[ theA [program]d programsdivision establishedof under the Harmdepartment; i a e r 20 Reduction Act.

and (6) other persons or representatives as chosen by the secretary of health to ensure a tthorough mand munbiased 21evaluation C.of the [program ] programs established under the Harm Reduction Act.

C.

d r e 22 (1) develop policies and procedures for c e s k 23 evaluation of the harm reduction [program][program ] and overdose e a n b 24 prevention programs;

u [ (2) develop criteria for data collection and .224044.3 - 3 - program evaluation;

and (3) meet as necessary to monitor and analyze data and produce a report on the [harm reduction program's]program's ] impact of the harm reduction program and the overdose prevention program on overdose mortality and other negative health outcomes associated with drug use.

h D.

The department may contract with private g o t hr providers to operate the harm reduction program and the g e i k overdose prevention program.

h r i s E.

The department shall promulgate rules as h , t, necessary for the administration of the Harm Reduction Act, e u g e b l e e h including developing criteria for the types of supplies or n d d i = = o h devices provided pursuant to the harm reduction [program][program ] and l ] b ,d i a º e overdose prevention programs and standards for distribution of r i = r t e w d m a n o those supplies or devices through [that program]program ] those programs.d m :

Theb criteriae andd standardss shallº beo developedt ton = .224044.3AIC March 9, 2023 (10:47am) s k m e t- 174 provide- suppliese anda devicesn ine orderd tor reduce:e l u [ A d programs.