HOUSE BILL 355

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Tara L. Lujan and Dayan Hochman-Vigil

AN ACT

RELATING TO PUBLIC HEALTH; AMENDING THE HARM REDUCTION ACT TO CREATE THE OVERDOSE PREVENTION PROGRAM; LIMITING CIVIL AND CRIMINAL LIABILITY FOR PEOPLE ACTING PURSUANT TO THE HARM REDUCTION ACT.

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

     SECTION 1. Section 24-2C-1 NMSA 1978 (being Laws 1997, Chapter 256, Section 1) is amended to read:

     "24-2C-1. SHORT TITLE.--[Sections 1 through 6 of this act] Chapter 24, Article 2C NMSA 1978 may be cited as the "Harm Reduction Act"."

     SECTION 2. Section 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. "department" means the department of health; and

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

     SECTION 3. Section 24-2C-4 NMSA 1978 (being Laws 1997, Chapter 256, Section 4, as amended) is amended to read:

     "24-2C-4. HARM REDUCTION PROGRAM CREATED--OVERDOSE PREVENTION PROGRAM CREATED--DEPARTMENT RESPONSIBILITIES.--

          A. The department shall:

                (1) establish and administer a program that shall be known as the "harm reduction program" to reduce overdose mortality and other negative health outcomes associated with drug use;

                (2) by July 1, 2026, promulgate rules for the establishment of a program that shall be known as the "overdose prevention program". By January 1, 2027, the department shall administer the overdose prevention program to reduce death, disease and injury associated with drug use;

                [(2)] (3) pursuant to rules established by the department, qualify persons as harm reduction or overdose prevention program participants, issue a document that identifies the bearer of the document as a participant and provide the bearer of the document with access to supplies, devices or services provided by the program;

                [(3)] (4) compile data to assist in planning and evaluating efforts to combat overdose mortality and other negative health outcomes associated with drug use. The department shall not collect the full name or address of participants, except as required by law for testing, treatment of infectious disease or other medical treatment; and

                [(4)] (5) make an annual report, including legislative recommendations, to the legislative health and human services committee by October 1 each year.

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

                [(1) the office of the attorney general;

                (2) the New Mexico state police division of the department of public safety;

                (3)] (1) the infectious disease prevention and control bureau of the department;

                [(4)] (2) the director of the epidemiology and response division of the department or the director's designee;

                [(5)] (3) a medical officer of the public health division of the department; [and

                (6) other persons or representatives as chosen by the secretary of health to ensure a thorough and unbiased evaluation of the program established under the Harm Reduction Act]

                (4) the state department of justice;

                (5) the department of public safety; and

                (6) substance use disorder treatment providers.

          C. The advisory committee shall:

                (1) develop policies and procedures for evaluation of the harm reduction [program] and overdose prevention programs;

                (2) develop criteria for data collection and program evaluation; [and]

                (3) make rulemaking recommendations to the department; and

                [(3)] (4) meet as necessary to monitor and analyze data and produce a report on the [harm reduction 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.

          D. The department may contract with private providers to operate the harm reduction program and the overdose prevention program. Any provider certified by the department to provide services as part of the harm reduction program may provide services as part of the overdose prevention program after obtaining additional certifications and meeting criteria required by the department.

          E. The department shall promulgate rules as necessary for the administration of the Harm Reduction Act, including developing criteria for the types of supplies or devices provided pursuant to the harm reduction [program] and overdose prevention programs and standards for distribution of those supplies or devices through [that program] those programs. The criteria and standards shall be developed to provide supplies and devices in order to reduce:

                (1) cases of negative health outcomes associated with drug use, such as overdoses or the spread of infectious disease; and

                (2) harm by promoting reduced use of non-sterile items and improving participant engagement in harm reduction services and prevention education.

          F. The rules promulgated by the department pursuant to the Harm Reduction Act shall address:

                (1) co-locating harm reduction and overdose prevention services with other health care services; and

                (2) providing mobile overdose prevention services."

     SECTION 4. Section 24-2C-5 NMSA 1978 (being Laws 1997, Chapter 256, Section 5, as amended) is amended to read:

     "24-2C-5. [PROGRAM] PROGRAMS.--

          A. The harm reduction program and the overdose prevention program shall provide participants with:

                [A.] (1) sterile hypodermic syringes and needles in exchange for used hypodermic syringes, needles or other objects used to inject controlled substances or controlled substance analogs into the human body;

                [B.] (2) other objects used to prepare or consume controlled substances or controlled substance analogs;

                [C.] (3) supplies or devices used for testing controlled substances or controlled substance analogs for potentially dangerous adulterants;

                [D.] (4) supplies or devices approved by the department for distribution in accordance with rules established pursuant to Subsection E of Section 24-2C-4 NMSA 1978;

                [E.] (5) education on the prevention of:

                     [(1)] (a) the transmission of the human immunodeficiency virus and hepatitis B and C; and

                     [(2)] (b) drug overdose mortality and other negative health outcomes; and

                [F.] (6) referral to substance abuse treatment services.

          B. The overdose prevention program shall provide participants with a safe and hygienic space to administer and consume previously obtained controlled substances where personnel trained in overdose reversal shall monitor for signs of an overdose and intervene to prevent, reverse or treat an overdose.

          C. Controlled substances shall not be sold, purchased, traded or otherwise provided to harm reduction or overdose prevention program participants, except as otherwise allowed by law."

     SECTION 5. A new section of the Harm Reduction Act is enacted to read:

     "[NEW MATERIAL] LIMITING CIVIL AND CRIMINAL LIABILITY.--

          A. Any person or entity, including a property owner, lessor, sublessor, director, manager, administrator, operator, employee, volunteer or participant of the harm reduction program or the overdose prevention program, that is reasonably acting in good faith pursuant to the Harm Reduction Act and in accordance with all rules promulgated pursuant to that act shall not be subject to:

                (1) arrest, citation, property seizure, charge or prosecution pursuant to the Controlled Substances Act, including for attempt, aiding and abetting or conspiracy to commit a violation of the Controlled Substances Act;

                (2) violation, modification or revocation of a grant of probation, parole, pretrial release or any other form of community supervision;

                (3) disciplinary action by a professional licensing board, unless the action or conduct is otherwise in violation of the board's established ethical rules;

                (4) civil or administrative penalty or liability;

                (5) denial of any right or privilege;

                (6) referral or transfer to, or detention or investigation for the purpose of referral or transfer to, any federal immigration enforcement agency, including the United States citizenship and immigration services, the United States immigration and customs enforcement or the United States customs and border protection; or

                (7) the use of evidence gained as a proximate result of participation in the harm reduction program or overdose prevention program against the person in any criminal, civil or disciplinary proceedings.

          B. Entering, exiting or using the services of a facility that provides services as part of the harm reduction program or overdose prevention program 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.

          C. Operation of a facility that provides services as part of the harm reduction program or overdose prevention program in accordance with operating guidelines developed by the department shall not be considered a public or private nuisance and shall not create cause for a criminal or civil penalty for nuisance."

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