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House debate on H 72 over overdose prevention centers pauses as members seek amendments for minors and reporting

January 11, 2024 | HOUSE OF REPRESENTATIVES, Committees, Legislative , Vermont


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House debate on H 72 over overdose prevention centers pauses as members seek amendments for minors and reporting
The Vermont House extensively debated House Bill 72, a measure to authorize overdose prevention centers as part of a harm-reduction and criminal-justice response to drug use. Before the third reading, the body adopted two floor amendments addressing staff qualifications and Good Samaritan/immunity language, then entered prolonged questioning on operational details, age limits and mandatory-reporting obligations. The House recessed so members and committee staff could draft and review a proposed amendment focused on minors.

Representative McGuire (member from Rutland City) offered a floor amendment that would require the operating guidelines to "include the level of staff qualifications required for medical safety and treatment and referral support" and to permit an overdose prevention center to operate within a municipality "only upon the affirmative vote of the legislative body of the municipality." The House Human Services Committee supported that amendment; the clerk then recorded the amendment adopted.

The member from Winooski offered a subsequent floor amendment to add conforming language with the Good Samaritan law, including a "good faith" immunity provision intended to protect those inside an overdose prevention center. Committee reporting on the floor noted the committee "voted out favorably 110" on that amendment as recorded in the transcript, and the body adopted it.

On the floor, members pressed the presenter about key operational and legal issues. A newer legislator (member from Morgan) raised concerns about passing the bill too hastily and questioned whether guidelines and professional expertise would be sufficient to run centers safely. The presenter responded that the bill specifies the Department of Health will collaborate with community stakeholders and persons with experience operating overdose prevention centers to develop guidelines: "the Department of Health will collaborate with not only community stakeholders . . . but also those who have established overdose prevention centers or have background in addiction."

Members also raised whether the facilities are limited to injection supervision or would allow other routes of ingestion; the presenter said the title "overdose prevention centers" intentionally recognizes multiple routes of ingestion.

Several members expressed concern about minors accessing services. When asked whether the bill included age restrictions, the presenter answered, "there are no age restrictions in this bill." Following floor discussion, a member proposed a floor amendment that would involve the Department for Children and Families (DCF) and possibly police when a person under the age of majority uses a facility; the House recessed so the amendment could be drafted and the committee could review it.

Procedure and next steps: the House stood in recess while members prepared the proposed amendment addressing minors; no final third-reading vote on H 72 was recorded in the transcript excerpt.

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