HOUSE BILL 123

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Deborah A. Armstrong

 

 

 

 

 

AN ACT

RELATING TO PUBLIC HEALTH; ALLOWING MUNICIPAL AND COUNTY ESTABLISHMENT OF OVERDOSE PREVENTION PROGRAMS; PROVIDING FOR LIMITED IMMUNITY FROM THE CONTROLLED SUBSTANCES ACT FOR PERSONS WHO ESTABLISH, PROVIDE PREMISES FOR, PROVIDE SERVICES PURSUANT TO OR USE AN ESTABLISHED OVERDOSE PREVENTION PROGRAM.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 3, Article 18 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] OVERDOSE PREVENTION PROGRAM AUTHORIZED.--After consultation with and upon consideration of guidelines prescribed by the department of health, a municipality may adopt an ordinance to approve entities within the municipality's jurisdiction to establish and operate overdose prevention programs within the municipality for the purpose of reducing death, disease or injury due to the use of controlled substances. A municipality shall require that an approved overdose prevention program:

          A. provide a safe and hygienic space supervised by trained staff where a person may consume pre-obtained drugs;

          B. provide access or referrals to substance use disorder treatment services, medical services, mental health services or social services; or

          C. monitor participants for potential overdose and provide care as necessary and as permitted by law to prevent fatal overdose."

     SECTION 2. A new section of Chapter 4, Article 37 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] OVERDOSE PREVENTION PROGRAM AUTHORIZED.--After consultation with and upon consideration of guidelines prescribed by the department of health, a county may adopt an ordinance to approve entities within the county's jurisdiction to establish and operate overdose prevention programs within the county for the purpose of reducing death, disease, or injury due to the use of controlled substances. A county shall require that an approved overdose prevention program:

          A. provide a safe and hygienic space supervised by trained staff where a person may consume pre-obtained drugs;

          B. provide access or referrals to substance use disorder treatment services, medical services, mental health services or social services; or

          C. monitor participants for potential overdose and provide care as necessary and as permitted by law to prevent fatal overdose."

     SECTION 3. A new section of the Controlled Substances Act is enacted to read:

     "[NEW MATERIAL] OVERDOSE PREVENTION PROGRAM--LIMITED IMMUNITY.--A person who establishes, provides premises for, provides services pursuant to or uses an overdose prevention program established in accordance with Section 1 or 2 of this 2021 act shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the alleged violation was for establishing, providing premises for, providing services pursuant to or using that overdose prevention program:

          A. the provisions of Section 30-31-23 NMSA 1978 or Subsection A of Section 30-31-25.1 NMSA 1978;

          B. a restraining order; or

          C. the conditions of probation or parole."

     SECTION 4. TEMPORARY PROVISION--DEPARTMENT OF HEALTH GUIDELINES FOR OVERDOSE PREVENTION PROGRAMS.--The department of health shall, by October 1, 2021, prescribe guidelines for overdose prevention programs that may be established by municipalities and counties pursuant to this 2021 act.

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of Sections 1 through 3 of this act is January 1, 2022.

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