§ 4256. Overdose prevention centers
(a) An overdose prevention center:
(1) provides a space, either at a fixed location or a mobile facility, supervised by health
care professionals or other trained staff where persons who use drugs can consume
preobtained drugs and medication for substance use disorder;
(2) provides harm reduction supplies, including sterile injection supplies; collects used
hypodermic needles and syringes; and provides secure hypodermic needle and syringe
disposal services;
(3) provides drug-checking services;
(4) answers questions on safer consumption practices;
(5) administers first aid, if needed, and monitors and treats potential overdoses;
(6) provides referrals to addiction treatment, medical services, and social services;
(7) educates participants on the risks of contracting HIV and viral hepatitis, wound care,
and safe sex education;
(8) provides overdose prevention education and distributes overdose reversal medications,
including naloxone;
(9) educates participants regarding proper disposal of hypodermic needles and syringes;
(10) provides reasonable security of the program site;
(11) establishes operating procedures for the program as well as eligibility criteria for
program participants; and
(12) trains staff members to deliver services offered by the program.
(b) The Department of Health, in consultation with stakeholders and health departments
of other jurisdictions that have overdose prevention centers, shall develop operating
guidelines for overdose prevention centers not later than September 15, 2024. The
operating guidelines shall include the level of staff qualifications required for
medical safety and treatment and referral support and require an overdose prevention
center to staff trained professionals during operating hours who, at a minimum, can
provide basic medical care, such as CPR, overdose interventions, first aid, and wound
care, as well as have the ability to perform medical assessments with program participants
to determine if there is a need for emergency medical service response. Overdose prevention
center staff may include peers, case managers, medical professionals, and mental health
counselors.
(c)(1) The following persons are entitled to the immunity protections set forth in subdivision
(2) of this subsection for participation in or with an approved overdose prevention
center that is acting in the good faith provision of overdose prevention services
in accordance with the guidelines established pursuant to this section:
(A) an individual using the services of an overdose prevention center;
(B) a staff member, operator, administrator, or director of an overdose prevention center,
including a health care professional, manager, employee, or volunteer; or
(C) a property owner, lessor, or sublessor on the property at which an overdose prevention
center is located and operates;
(D) an entity operating the overdose prevention center; and
(E) a State or municipal employee acting within the course and scope of the employee’s
employment.
(2) Persons identified in subdivision (1) of this subsection shall not be:
(A) cited, arrested, charged, or prosecuted for unlawful possession of a regulated drug
in violation of this chapter or for attempting, aiding or abetting, or conspiracy
to commit a violation of any of provision of this chapter;
(B) subject to property seizure or forfeiture for unlawful possession of a regulated drug
in violation of this chapter;
(C) subject to any civil liability or civil or administrative penalty, including disciplinary
action by a professional licensing board, credentialing restriction, contractual liability,
or medical staff or other employment action; or
(D) denied any right or privilege.
(3) The immunity provisions of subdivisions (2)(A) and (B) of this subsection apply only
to the use and derivative use of evidence gained as a proximate result of participation
in or with an overdose prevention center. Entering, exiting, or utilizing the services
of an overdose prevention center 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.
(4) The immunity provisions in subdivision (2)(C) of this subsection shall not apply to:
(A) an individual using the services of an overdose prevention center if the basis for
the civil claim is that the person operated a motor vehicle in violation of 23 V.S.A. § 1201; or
(B) claims unrelated to the provision of overdose prevention services.
(d) An entity operating an overdose prevention center shall make publicly available the
following information annually on or before January 15:
(1) the number of program participants;
(2) deidentified demographic information of program participants;
(3) the number of overdoses and the number of overdoses reversed on- site;
(4) the number of times emergency medical services were contacted and responded for assistance;
(5) the number of times law enforcement were contacted and responded for assistance; and
(6) the number of participants directly and formally referred to other services and the
type of services.
(e) An overdose prevention center shall not be construed as a health care facility for
purposes of chapter 221, subchapter 5 of this title. (Added 2023, No. 178 (Adj. Sess.), § 1, eff. June 17, 2024.)