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General Assembly Raised Bill No. 195
February Session, 2026 LCO No. 545
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING THE PREVENTION OF ACCIDENTAL
OVERDOSE DEATHS AND IMPROVING ACCESS TO TREATMENT
AND RECOVERY SERVICES FOR SUBSTANCE USE DISORDER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) (a) As used in this section: 1
(1) "Overdose prevention center" means a community -based facility 2
where a person with a substance use disorder may (A) (i) receive 3
substance use disorder and other mental health counseling, (ii) use a test 4
strip or any other drug testing technology to test a substance prior to 5
consuming the substance, (iii) receive educational information 6
regarding opioid antagonists, as defined in section 17a -714a of the 7
general statutes, and the risks of contracting diseases from sharing 8
hypodermic needles and syringes and other drug paraphernalia, (iv) 9
receive referrals to substance use disorder treatment services, and (v) 10
receive access to basic support services, including, but not limited to, 11
laundry machines, a bathroom, a shower and a place to rest, and (B) in 12
a separate location within the facility, safely consume controlled 13
substances under the observation of licensed health care providers who 14
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are present to provide necessary medical treatment in the event of an 15
overdose of a controlled substance; and 16
(2) "Test strip" means a product that a person may use to test any 17
substance, prior to injection, inhalation or ingestion of the substance, for 18
traces of any component recognized by the Commissioner of Mental 19
Health and Addiction Services as having a high risk of causing an 20
overdose to help prevent an accidental overdose by injection, inhalation 21
or ingestion of such component. 22
(b) The Department of Mental Health and Addiction Services, in 23
consultation with the Department of Public Health, may establish a pilot 24
program to prevent drug overdoses through the establishment of 25
overdose prevention centers in four municipalities in the state selected 26
by the Commissioner of Mental Health and Addiction Services, subject 27
to the approval of the governing body of each municipality selected by 28
said commissioner. 29
(c) Each overdose prevention center established pursuant to 30
subsection (b) of this section shall (1) employ persons, who may include, 31
but need not be limited to, licensed health care providers, with 32
experience treating persons with a substance use disorder, in a number 33
determined sufficient by the Commissioner of Mental Health and 34
Addiction Services, to provide substance use disorder or other mental 35
health counseling and monitor persons utilizing the overdose 36
prevention center for the purpose of providing medical treatment to any 37
person who experiences symptoms of an overdose, (2) provide persons 38
with test strips or any other drug testing technology at the request of 39
such persons, and (3) provide (A) referrals for substance use disorder, 40
or (B) other mental health counseling or other mental health or medical 41
treatment services that may be appropriate for persons utilizing the 42
overdose prevention center. A licensed health care provider who is 43
participating in the pilot program may administer an opioid antagonist 44
to any person to treat or prevent an opioid-related drug overdose. Such 45
licensed health care provider who administers an opioid antagonist in 46
accordance with the provisions of this subsection shall not be liable for 47
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damages in a civil action or subject to criminal prosecution for 48
administration of such opioid antagonist and shall not be deemed to 49
have violated the standard of care for such licensed health care provider. 50
A licensed health care provider's participation in the pilot program shall 51
not be grounds for disciplinary action by the Department of Public 52
Health pursuant to section 19a-17 of the general statutes or by any board 53
or commission listed in subsection (b) of section 19a -14 of the general 54
statutes. 55
(d) The Commissioner of Mental Health and Addiction Services may 56
establish an advisory committee to provide recommendations to the 57
Departments of Mental Health and Addiction Services and Public 58
Health concerning the overdose prevention pilot program in accordance 59
with subsection (e) of this section. If the commissioner establishes the 60
advisory committee, the commissioner shall serve as chairperson of the 61
advisory committee and the advisory committee shall consist of the 62
following additional members: (1) The Attorney General, or the 63
Attorney General's designee; (2) a representative of a medical society in 64
the state; (3) a representative of an association of hospitals in the state; 65
(4) a representative of the Connecticut chapter of a national society of 66
addiction medicine; (5) a person with a substance use disorder; (6) a 67
person working in overdose prevention; (7) two current or former law 68
enforcement officials, one of whom is or was a law enforcement official 69
in the state; (8) a representative of a conference of municipalities in the 70
state; (9) a person who has suffered a drug overdose; (10) a family 71
member of a person who suffered a fatal drug overdose; (11) a professor 72
at an institution of higher education in the state with experience 73
researching issues concerning overdose prevention; (12) a person with 74
experience in the establishment or operation of one or more overdose 75
prevention centers located outside of the United States; and (13) a 76
representative of a northeastern coalition of harm reduction centers. 77
(e) Any advisory committee established pursuant to subsection (d) of 78
this section shall make recommendations regarding the overdose 79
prevention pilot program to the Commissioners of Mental Health and 80
Addiction Services and Public Health concerning the following: 81
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(1) Methods of maximizing the public health and safety benefits of 82
overdose prevention centers; 83
(2) The proper disposal of hypodermic needles and syringes and 84
other drug paraphernalia from the overdose prevention centers; 85
(3) The availability of programs to support persons utilizing the 86
overdose prevention centers in their recovery from a substance use 87
disorder; 88
(4) Any laws impacting the establishment and operation of the 89
overdose prevention centers; 90
(5) Appropriate guidance to relevant professional licensing boards 91
concerning health care providers who provide services at the overdose 92
prevention centers; and 93
(6) The consideration of any other factors relevant to the overdose 94
prevention centers that are beneficial to promoting the public health and 95
safety. 96
(f) The Commissioner of Mental Health and Addiction Services may 97
adopt regulations, in accordance with the provisions of chapter 54 of the 98
general statutes, to implement the provisions of this section. 99
(g) Not later than January 1, 2028, the Commissioner of Mental Health 100
and Addiction Services shall report, in accordance with the provisions 101
of section 11-4a of the general statutes, to the joint standing committee 102
of the General Assembly having cognizance of matters relating to public 103
health regarding the operation of the pilot program, if established, and 104
any recommendations from the advisory committee, if established, 105
concerning such pilot program or any legislation necessary to establish 106
overdose prevention centers on a permanent basis. 107
(h) The Department of Mental Health and Addiction Services shall 108
not expend any state funds in the implementation or operation of the 109
pilot program. The department may accept donations and grants of 110
money, equipment, supplies, materials and services from private 111
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sources, and receive, utilize and dispose of such money, equipment, 112
supplies, material and services in the implementation and operation of 113
the pilot program. 114
Sec. 2. Subsection (b) of section 19a -638 of the general statutes is 115
repealed and the following is substituted in lieu thereof ( Effective from 116
passage): 117
(b) A certificate of need shall not be required for: 118
(1) Health care facilities owned and operated by the federal 119
government; 120
(2) The establishment of offices by a licensed private practitioner, 121
whether for individual or group practice, except when a certificate of 122
need is required in accordance with the requirements of section 19a -123
493b or subdivision (3), (10) or (11) of subsection (a) of this section; 124
(3) A health care facility operated by a religious group that 125
exclusively relies upon spiritual means through prayer for healing; 126
(4) Residential care homes, as defined in subsection (c) of section 19a-127
490, and nursing homes and rest homes, as defined in subsection (o) of 128
section 19a-490; 129
(5) An assisted living services agency, as defined in section 19a-490; 130
(6) Home health agencies, as defined in section 19a-490; 131
(7) Hospice services, as described in section 19a-122b; 132
(8) Outpatient rehabilitation facilities; 133
(9) Outpatient chronic dialysis services; 134
(10) Transplant services; 135
(11) Free clinics, as defined in section 19a-630; 136
(12) School-based health centers and expanded school health sites, as 137
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such terms are defined in section 19a -6r, community health centers, as 138
defined in section 19a -490a, not-for-profit outpatient clinics licensed in 139
accordance with the provisions of chapter 368v and federally qualified 140
health centers; 141
(13) A program licensed or funded by the Department of Children 142
and Families, provided such program is not a psychiatric residential 143
treatment facility; 144
(14) Any nonprofit facility, institution or provider that has a contract 145
with, or is certified or licensed to provide a service for, a state agency or 146
department for a service that would otherwise require a certificate of 147
need. The provisions of this subdivision shall not apply to a short -term 148
acute care general hospital or children's hospital, or a hospital or other 149
facility or institution operated by the state that provides services that are 150
eligible for reimbursement under Title XVIII or XIX of the federal Social 151
Security Act, 42 USC 301, as amended; 152
(15) A health care facility operated by a nonprofit educational 153
institution exclusively for students, faculty and staff of such institution 154
and their dependents; 155
(16) An outpatient clinic or program operated exclusively by or 156
contracted to be operated exclusively by a municipality, municipal 157
agency, municipal board of education or a health district, as described 158
in section 19a-241; 159
(17) A residential facility for persons with intellectual disability 160
licensed pursuant to section 17a -227 and certified to participate in the 161
Title XIX Medicaid program as an intermediate care facility for 162
individuals with intellectual disabilities; 163
(18) Replacement of existing computed tomography scanners, 164
magnetic resonance imaging scanners, positron emission tomography 165
scanners, positron emission tomography -computed tomography 166
scanners, or nonhospital based linear accelerators, if such equipment 167
was acquired through certificate of need approval or a certificate of need 168
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determination, provided a health care facility, provider, physician or 169
person notifies the unit of the date on which the equipment is replaced 170
and the disposition of the replaced equipment, including if a 171
replacement scanner has dual modalities or functionalities and the 172
applicant already offers similar imaging services for each of the 173
equipment's modalities or functionalities that will be utilized; 174
(19) Acquisition of cone-beam dental imaging equipment that is to be 175
used exclusively by a dentist licensed pursuant to chapter 379; 176
(20) The partial or total elimination of services provided by an 177
outpatient surgical facility, as defined in section 19a -493b, except as 178
provided in subdivision (6) of subsection (a) of this section and section 179
19a-639e; 180
(21) The termination of services for which the Department of Public 181
Health has requested the facility to relinquish its license; 182
(22) Acquisition of any equipment by any person that is to be used 183
exclusively for scientific research that is not conducted on humans; 184
(23) On or before June 30, 2026, an increase in the licensed bed 185
capacity of a mental health facility, provided (A) the mental health 186
facility demonstrates to the unit, in a form and manner prescribed by 187
the unit, that it accepts reimbursement for any covered benefit provided 188
to a covered individual under: (i) An individual or group health 189
insurance policy providing coverage of the type specified in 190
subdivisions (1), (2), (4), (11) and (12) of section 38a -469; (ii) a self -191
insured employee welfare benefit plan established pursuant to the 192
federal Employee Retirement Income Security Act of 1974, as amended 193
from time to time; or (iii) HUSKY Health, as defined in section 17b-290, 194
and (B) if the mental health facility does not accept or stops accepting 195
reimbursement for any covered benefit provided to a covered 196
individual under a policy, plan or program described in clause (i), (ii) or 197
(iii) of subparagraph (A) of this subdivision, a certificate of need for such 198
increase in the licensed bed capacity shall be required; [.] 199
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(24) The establishment [at] of harm reduction centers through the 200
pilot program established pursuant to section 17a -673c or overdose 201
prevention centers through the pilot program established pursuant to 202
section 1 of this act; or 203
(25) On or before June 30, 2028, a birth center, as defined in section 204
19a-490, that is enrolled as a provider in the Connecticut medical 205
assistance program, as defined in section 17b-245g. 206
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage 19a-638(b)
PH Joint Favorable
APP Joint Favorable