Builds off 2014 landmark law and unprecedented budget investments
BOSTON – Senator Sal DiDomenico (D-Everett), Senator Pat Jehlen (D-Somerville), and their colleagues in the Massachusetts Senate have passed substance abuse legislation aimed at curbing the opioid epidemic in the Commonwealth. This bill, which includes intervention, prevention, treatment, and education measures, is one of the most comprehensive opioid addiction prevention bills in the nation.
It has been estimated that opioid-related overdoses lead to four deaths each day in Massachusetts.
“The opioid epidemic has presented Massachusetts with a major public health crisis that my colleagues and I in the Legislature have been working hard to address,” said Senator DiDomenico. “Not only will this bill play a critical role in our fight against opioid addiction, it also sends a strong message to the people of the Commonwealth that we are deeply committed to ending the cycle of abuse that plagues far too many communities in our state. I would like thank all my colleagues who played a role in crafting this bill that will undoubtedly become a model for states across our nation who are also dealing with this crisis.”
“Massachusetts is one of several states across the nation currently facing an opioid crisis that has caused extreme damage to the lives of so many people,” said Senator Jehlen. “I am proud to see the legislature tackle this issue and pass this landmark legislation. We have solidified our commitment to slowing and reversing the impacts of substance abuse and addiction, and will hopefully bring much needed aid to those who so desperately need it.”
This legislation is a product of negotiations by a six member House and Senate conference committee after both branches passed their version of the bill. The House passed the bill after the conference committee released the compromise bill, with the Senate following suit the next day. It cleared the Senate on a unanimous, bipartisan vote, and it has now been sent to the Governor’s desk where it awaits his signature.
One of the main provisions of the bill is its limit on first-time opiate prescriptions to a seven day supply, with exceptions for chronic pain management, cancer, or palliative care. The bill also requires that patients who are admitted to the emergency rooms for an overdose be evaluated for substance abuse addiction within 24 hours before discharge. If a patient refuses treatment, information on health and community resources will be provided.
The legislation also includes language to protect Good Samaritans from liability for administering naloxone or any other lifesaving drug. Senator DiDomenico had filed legislation this session that would protect law enforcement and first responders who administer Narcan to an overdose victim from civil liability. Previously, the state only guaranteed protection from criminal prosecution for carrying and administering this prescription product.
With this legislation, practitioners will also be required to check the Commonwealth’s Prescription Monitoring Program (PMP) each time they prescribe any opiate and talk to patients about addiction each time an opioid prescription is written. The bill also updates the training guidelines for all practitioners who prescribe controlled substances.
Other key provisions of the bill include:
• The ability for patients to request a “partial-fill,” where a doctor prescribes less than the standard number of opioid pills or the pharmacist fills less than the full amount of an opiate prescription, to prevent overuse of painkillers or the proliferation of unused medicines;
• A provision for patients to include a notation in their records that they shall not be offered opiates;
• The requirement that pharmaceutical companies participate in a five-year drug stewardship program to ensure that unused medications are safely collected and disposed of;
• The condition that schools conduct annual, age appropriate verbal screenings of middle school and high school students for signs of substance abuse or addiction. Students and parents would have the option to opt out.
• The integration of substance use and addiction education into annual high school sports head injury prevention training and driver’s education courses.
This legislation follows a substantial increase in substance addiction funding since FY12 and the landmark substance addiction law passed in 2014 which, for the first time, mandated detox and stabilization coverage. The two bills are intended to complement each other and reflect a consensus-driven approach.