HB 2638 Summary

• Authorizes counties, cities, towns, and law enforcement agencies to establish prearrest deflection programs that partner with treatment providers, case management providers, community members, or other stakeholders.

• Requires prearrest deflection programs to include at least one of five response types: post-overdose deflection, self-referral deflection, active outreach deflection, officer prevention deflection, or office intervention deflection.

• Mandates that participating entities develop local deflection program plans with protocols for identifying participants, screening, assessing, treatment facilitation, reporting, and ongoing monitoring.

• Requires treatment and case management providers to share information with other program participants while complying with HIPAA, federal confidentiality laws (42 USC §290dd-2), and state privacy regulations governing protected health information.

• Provides civil liability immunity to law enforcement agencies, peace officers, treatment providers, case management providers, and community members acting in good faith, except for willful and wanton misconduct.