RELATING TO OVERDOSE PREVENTION.

HB240

HOUSE OF REPRESENTATIVES

H.B. NO.

240

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to overdose prevention
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The legislature finds that drug overdose
deaths are increasing in Hawaii, despite being preventable.
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According to the United States Centers for
Disease Control and Prevention State Unintentional Drug Overdose Reporting
System, five hundred sixty-two people died of unintentional drug overdoses
between mid-2020 and late 2022 in Hawaii.
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In 2023, there were three hundred sixty-four fatal drug overdoses in the
State, of which forty per cent were due to opioids.

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The legislature further finds that
overdose prevention centers are places where people can safely use drugs and
receive harm reduction services and authorized objects.
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These centers have operated in Europe,
Canada, and Australia for over twenty years, with no overdose deaths being
reported in the centers.
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According to
the National Institute on Drug Abuse, overdose prevention centers are
associated with significant reductions in many negative outcomes related to
drug use, including public drug use, sharing of drug paraphernalia, soft tissue
injuries, ambulance calls, emergency department visits, and crime.

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The legislature additionally finds
that overdose prevention centers have recently been authorized in Michigan, Rhode
Island, and Vermont and in New York City.

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Accordingly, the purpose of this Act
is to:

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(1)
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Establish criteria
for the designation of overdose prevention centers to prevent drug overdose and
death, prevent transmission of bloodborne pathogens, reduce public drug use,
and link persons who use drugs with health and social services; and

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(2)
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Provide immunity
from state criminal prosecution for persons using a designated overdose
prevention center and persons operating a designated overdose prevention
center.

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SECTION 2.
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The Hawaii Revised Statutes is amended by
adding a new chapter to be appropriately designated and to read as follows:

"
Chapter

overdose prevention centers

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� -1
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Definitions.
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As used in this chapter, unless the context
otherwise requires:

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"Authorized objects" means
objects authorized by the department, by rule, for dissemination to
participants for the purpose of reducing infection or injury including but not
limited to sterile injection equipment and supplies.

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"Department" means the
department of health.

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"Director" means the
director of health.

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"Drugs" shall have the
same meaning as "dangerous drugs" as defined in section 711-1240.

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"Harm reduction services"
means providing authorized objects, support, and education including but not
limited to the provision of sterile equipment for the preparation and
consumption of drugs; distribution of opioid antagonist medication; first aid
to monitor and treat potential overdoses; education on safer consumption
practices; secure disposal of used syringes and other equipment that have been
used for the consumption of drugs; overdose prevention; use of opioid
antagonist medication; infection prevention; testing for and treatment of
infections; referrals to treatment for substance use disorders; and services
that are provided to prevent harms associated with the use of drugs,
specifically fatal overdose, transmission of bloodborne pathogens, and soft
tissue injuries.

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"Overdose prevention
center" or "center" means a facility where persons who use drugs
may consume pre-obtained drugs and receive harm reduction services from health
care professionals and other staff persons pursuant to this chapter.

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"Participant" means a
person who enters an overdose prevention center to use drugs and receive harm
reduction services and authorized objects pursuant to this chapter.

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"Playground" means any
public outdoor facility, including any parking lot appurtenant thereto, that is
intended for recreation, with any portion thereof containing one or more
separate apparatus intended for the recreation of children, including but not
limited to sliding boards, swing sets, and teeterboards.

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"Pre-obtained drugs" means
drugs that a participant obtained prior to entry into an overdose prevention
center.

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"School" means any public
or private preschool, kindergarten, elementary, intermediate, middle,
secondary, or high school.

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"Staff person" means an
employee of the department or center who is specifically tasked with procuring,
handling, transporting, or providing authorized objects and harm reduction
services to participants.

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� -2
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Overdose prevention centers; designation.
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(a)
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The director may designate
one or more facilities as overdose prevention centers.

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(b)
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The director shall establish standards, pursuant to rules adopted by chapter
91, for the designation of an overdose prevention center that shall include, at
a minimum:

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(1)
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Eligibility
requirements to operate as a designated overdose prevention center;

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(2)
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Records
management;

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(3)
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Participant
eligibility;

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(4)
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Provision of harm
reduction services to participants including but not limited to:

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(A)
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Education and training on overdose
prevention and response; proper disposal of used hypodermic needles, syringes,
and other potentially infectious waste; and the risks of contracting bloodborne
infections through unsafe injection or other drug use practices;

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(B)
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Wound care;

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(C)
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Referrals to appropriate health and
social services, including but not limited to substance use disorder treatment,
mental health services, infectious disease testing, and other health care;

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(D)
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Authorized objects and other supplies intended
to reduce overdose, death, bloodborne pathogen transmission, soft-tissue
injury, and other morbidities related to the use of drugs;

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(E)
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Collection of used hypodermic needles
and syringes with secure hypodermic needs and syringe disposal or destruction;
and

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(F)
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Methods or services to test participant's
drugs to identify the presence of potentially dangerous drugs other than those
of which the participant is aware;

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(5)
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Personal selection
and oversight including but not limited to:

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(A)
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Number and type of
personnel needed, including qualifications and training;

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(B)
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Standards and
criminal background checks to ensure the reputable and responsible character
and fitness of all staff; and

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(C)
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Record keeping of
staff who have access to the overdose prevention center's records and to
needles, syringes, and other harm reduction supplies;

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(6)
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Safety and
security measures, including but not limited to:

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(A)
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Continuous video monitoring
and recording of the premises;

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(B)
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An alarm system;

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(C)
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Exterior lighting;

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(D)
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Enforcement of
prohibitions against the sale or distribution of illicit drugs in or
immediately adjacent to the centers; and

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(E)
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Security requirements
and restrictions regarding waiting rooms; and

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(7)
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Signage, including
a prohibition on any image of a cartoon character or other design likely to
appeal to children.

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(c)
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The director shall determine a schedule for
overdose prevention centers to report to the
department certain data and provide
proof of compliance with the
standards developed under subsection (b).

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� -3
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Overdose prevention centers; location.
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Designated overdose prevention centers shall
comply with all county zoning ordinances, rule, or regulations; provided that
no center shall be permitted within seven hundred fifty feet of the real
property comprising a playground or school.

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� ‑4
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Exception from criminal liability.
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(a)
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Possession
of pre-obtained drugs by participants at an overdose prevention center shall
not constitute an offense under section 712-1234.

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(b)
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Possession of authorized objects by
participants at a designated center shall not constitute an offense under
section 329-43.5.
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Possession or delivery
of authorized objects by staff acting in the course and scope of their official
duties shall not constitute an offense under section 329-43.5.

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(c)
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Possession or delivery of used needles or
syringes containing residual drugs shall not constitute an offense under
section 329-43.5, 712-1242(1)(c), or 712-1243 if done by participants or staff
acting in the course and scope of their official duties; provided that any
delivery of used needles or syringes containing residual drugs, whether by
participants or staff, shall be made only to staff.

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(d)
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Subsections (a), (b), and (c) shall apply
only to acts occurring inside or while entering or existing a designated
overdose prevention center.

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(e)
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The mere fact that a property owner, lessor,
or sublessor of the property on which an overdose prevention center or an
entity operating an overdose prevention center allowed or facilitated the
activities under subsections (a), (b), or (c) to occur on their property shall
not constitute a criminal offense under state law.

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(f)
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The mere fact that an individual enters, exits, or uses the services of
a designated overdose prevention center shall not constitute a criminal offense
under state law.

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(g)
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Nothing in this section shall be interpreted to provide immunity from
criminal prosecution for any activities that are not conducted, permitted, and
explicitly approved pursuant to this chapter.

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� -5
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Oversight committee.
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(a)
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The director shall appoint an overdose prevention center oversight
committee to provide assistance and advice in the oversight of designated
prevention centers and that shall periodically meet with the director or the
director's designee to examine available data and monitor effectiveness of the
overdose prevention centers.

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(b)
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The committee may recommend procedures for announced and unannounced
inspections by the department, the committee, or the department's or
committee's designees, pursuant to this chapter.

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� -6
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Reports.
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Each overdose prevention center shall, on or before January 31 of each
year, submit a report to the overdose prevention center oversight committee
that shall include but not be limited to:

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(1)
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The number of
participants accessing overdose prevention centers;

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(2)
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Demographic
information on participants, excluding protected health information;

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(3)
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The number of
overdoses and the number of overdoses reversed on site;

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(4)
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The number of
times emergency medical services were contracted and responded for assistance;

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(5)
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The number of
deaths of participants, if any, including any deaths that occurred enroute to
medical facilities;

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(6)
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The number of
times law enforcement was contacted and responded to requests for assistance;
and

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(7)
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The number of
participants referred to other services and the types of services to which they
were referred.

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� -7
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Overdose prevention centers; termination.
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The director shall withdraw designation and
cease operations of any overdose prevention center if the center:

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(1)
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Fails to meet the
meet the standards established pursuant to section -2;

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(2)
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Fails to serve its
intended purpose;

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(3)
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Present an unacceptable
risk to public health and public safety; or

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(4)
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Is no longer
necessary.

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� ‑8
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Rulemaking
.
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The department shall adopt rules pursuant to
chapter 91 necessary for the purposes of this chapter.
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The rules shall establish procedures for
notice and an opportunity for a hearing prior to the withdrawal of a
designation of a facility as an overdose prevention center pursuant to section
-7."

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SECTION
3
.
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Section
329-43.5, Hawaii Revised Statutes, is amended by amending subsections (d) and
(e) to read as follows:

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"
(d)
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[
It
]
Except for the purposes of
advertising the services of an overdose prevention center established pursuant
to chapter , it
is unlawful for any person to place in
any newspaper, magazine, handbill, or other publication any advertisement,
knowing or under circumstances where one reasonably should know, that the
purpose of the advertisement, in whole or in part, is to promote the sale of
objects designed or intended for use as drug paraphernalia.
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Any person who violates this section is
guilty of a class C felony and upon conviction may be imprisoned pursuant to
section 706-660 and, if appropriate as provided in section 706-641, fined
pursuant to section 706-640.

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(e)
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Subsections (a) and (b) shall not apply to a person who is authorized
to:

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(1)
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Acquire, possess,
cultivate, use, distribute, or transport cannabis pursuant to the definition of
"medical use" under section 329-121, while the person is facilitating
the medical use of cannabis by a qualifying patient; [
or
]

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(2)
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Dispense,
manufacture, or produce cannabis or manufactured cannabis products pursuant to
and in

compliance
with chapter 329D, while the person is facilitating the medical use of cannabis
by a qualifying patient pursuant to part IX of chapter 329[
.
]
; or

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(3)
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Acquire,
possess, or dispense authorized objects to participants at an overdose
prevention center pursuant to chapter .

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For the purposes of this section,
"authorized objects" shall have the same meaning as in section
-1.
"

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SECTION
4
.
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Section
712-1240.1, Hawaii Revised Statutes, is amended to read as follows:

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"
�712-1240.1
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Defense to
promoting.
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(1)
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It is a defense to prosecution for any
offense defined in this part that the person who possessed or distributed the
dangerous, harmful, or detrimental drug did so under authority of law as a
practitioner, as an ultimate user of the drug pursuant to a lawful
prescription, or as a person otherwise authorized by law.

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(2)
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It is an affirmative defense to prosecution for any marijuana-related
offense defined in this part that the person who possessed or distributed the
marijuana was authorized to possess or distribute the marijuana for medical
purposes pursuant to part IX of chapter 329.

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(3)
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It is an affirmative defense to prosecution
for the offense of promoting a dangerous drug in the second degree that the
person who possessed or distributed the dangerous drug did so as incidental to
the possession, delivery, or disposal of used needles or syringes containing
residue of the dangerous drug while either inside of or entering or exiting an
overdose prevention clinic as either an employee or participant of the overdose
prevention clinic pursuant to chapter .

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(4)
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It is an affirmative defense to prosecution
for the offense of promoting a dangerous drug in the third degree that the
person who possessed the dangerous drug, including any used needles or syringes
containing residue of the dangerous drug, did so while either inside of or
entering or exiting an overdose prevention clinic as either an employee or
participant of the overdose prevention clinic pursuant to chapter
.
"

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SECTION 5.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 6.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 7.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DOH;
Overdose Prevention Centers; Establishment; Overdose Prevention Center
Oversight Committee; Criminal Liability; Exemptions

Description:

Establishes
and provides criteria for overdose prevention centers, including standards for
the Department of Health to designate certain facilities as overdose prevention
centers.
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Establishes an Overdose
Prevention Center Oversight Committee.
Provides immunity from state
criminal prosecution for certain offenses for persons using a designated
overdose prevention center and persons operating a designated overdose
prevention center
.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.