Bill > H5274

This bill establishes protections and ensures access to harm reduction programming and services in the Commonwealth by amending existing laws and introducing new provisions. It clarifies that individuals involved in public health activities using testing equipment to identify chemicals in controlled substances for personal use are protected from criminal charges, prosecution, and civil or professional liability, unless their actions involve gross negligence or willful misconduct. The bill also defines "harm reduction program" as a department-approved initiative that reduces the negative consequences of substance use, including distributing supplies like opioid antagonists and needles, providing primary care, referrals to treatment, drug testing services, and other social support. "Harm reduction program operators" are defined as those directly involved in running these programs. The bill grants immunity from arrest, prosecution, seizure of property, civil suits, and professional disciplinary actions to harm reduction program operators, participants, property owners, and government employees involved in approving or operating these programs, provided they act in good faith and the program is department-approved. This immunity does not apply in cases of gross negligence, intent to harm, discrimination, or actions outside the scope of the program. The bill also requires the Department of Public Health to collect data and report annually on harm reduction programs and mandates the department to create regulations for these programs within 120 days of the bill's effective date.