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2 | 2 | | HOUSE DOCKET, NO. 1214 FILED ON: 1/18/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2000 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Paul McMurtry |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to benzodiazepines and non-benzodiazepine hypnotics. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk1/18/2023Brian M. Ashe2nd Hampden1/30/2023 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 1214 FILED ON: 1/18/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2000 |
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18 | 18 | | By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2000) of |
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19 | 19 | | Paul McMurtry and Brian M. Ashe relative to benzodiazepines and non-benzodiazepine |
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20 | 20 | | hypnotics. Mental Health, Substance Use and Recovery. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 2117 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to benzodiazepines and non-benzodiazepine hypnotics. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 1 of chapter 94C of the General Laws, as appearing in the 2014 |
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32 | 32 | | 2Official Edition, is hereby amended by inserting after the definition of “Agent” the following |
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33 | 33 | | 3definition:- |
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34 | 34 | | 4 “Benzodiazepine”, any substance or drug which contains a benzene ring fused to a 7 |
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35 | 35 | | 5member diazepine ring, results in the depression of the central nervous system and is primarily |
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36 | 36 | | 6intended to treat insomnia, convulsions and anxiety, and used for muscle relaxation and pre- |
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37 | 37 | | 7operation treatment including alprazolam, clonazepam, diazepam, lorazepam, and temazepam. |
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38 | 38 | | 8 SECTION 2. Said section 1 of said chapter 94C, as so appearing, is hereby further |
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39 | 39 | | 9amended by inserting after the definition of “Narcotic drug” the following definition:- 2 of 4 |
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40 | 40 | | 10 “Non-benzodiazepine hypnotic”, any substance or drug which produces effects similar to |
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41 | 41 | | 11that of a benzodiazepine and is primarily intended to treat insomnia, including zaleplon, |
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42 | 42 | | 12zopiclone, and zolpidem. |
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43 | 43 | | 13 SECTION 3. The first paragraph of section 21 of said chapter 94C, as so appearing, is |
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44 | 44 | | 14hereby amended by adding the following sentence:- |
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45 | 45 | | 15 In filling a prescription for a benzodiazepine or a non-benzodiazepine hypnotic |
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46 | 46 | | 16prescription, the pharmacist shall ensure that the label includes a cautionary statement explaining |
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47 | 47 | | 17the risks associated with long-term use which shall be bolded and contained within a box. |
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48 | 48 | | 18 SECTION 4. Said section 21 of said chapter 94C of the General Laws, as so appearing, is |
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49 | 49 | | 19hereby further amended by inserting after the third paragraph the following paragraph:- |
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50 | 50 | | 20 The department of public health shall produce and distribute either in written or |
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51 | 51 | | 21electronic form to pharmacies, not including institutional pharmacies, pamphlets for consumers |
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52 | 52 | | 22relative to benzodiazepines and non-benzodiazepine hypnotics that includes educational |
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53 | 53 | | 23information about: (i) misuse and abuse by adults and children; (ii) risk of dependency and |
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54 | 54 | | 24addiction; (iii) proper storage and disposal; (iv) addiction support and treatment resources; and |
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55 | 55 | | 25(v) the telephone helpline operated by the bureau of substance abuse services established in |
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56 | 56 | | 26section 18 of chapter 17. A pharmacist shall distribute the pamphlet when dispensing a |
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57 | 57 | | 27benzodiazepines or a non-benzodiazepine hypnotic. |
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58 | 58 | | 28 SECTION 5. Section 23 of said chapter 94C, as so appearing is hereby amended by |
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59 | 59 | | 29adding the following subsection:- 3 of 4 |
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60 | 60 | | 30 (i) A written prescription for less than a 10 day supply of a benzodiazepine or a non- |
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61 | 61 | | 31benzodiazepine hypnotic shall not be refilled. |
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62 | 62 | | 32 SECTION 6. Chapter 112 of the General Laws is hereby amended by inserting after |
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63 | 63 | | 33section 12GG, as inserted by section 2 of chapter 454 of the acts of 2016, the following section:- |
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64 | 64 | | 34 Section 12HH. No practitioner shall prescribe a benzodiazepine or a non-benzodiazepine |
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65 | 65 | | 35hypnotic, as defined in section 1 of chapter 94C, without first obtaining the patient’s written |
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66 | 66 | | 36informed consent. The commissioner of public health shall prescribe a form for physicians to use |
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67 | 67 | | 37in obtaining such consent. This form shall be written in a manner designed to permit a person |
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68 | 68 | | 38unfamiliar with medical terminology to understand its purpose and content, and shall include the |
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69 | 69 | | 39following information: (i) misuse and abuse by adults and children; (ii) risk of dependency and |
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70 | 70 | | 40addiction; and (iii) risks associated with long-term use of the drugs. |
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71 | 71 | | 41 Nothing in this section is intended to abolish or limit any common law rights of persons |
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72 | 72 | | 42other than those whose rights it governs for the purpose of any civil action. |
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73 | 73 | | 43 SECTION 7. Said chapter 94C is hereby amended by inserting after section 19C, as |
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74 | 74 | | 44inserted by section 92 of chapter 46 of the acts 2015, the following section:- |
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75 | 75 | | 45 Section 19D. the department of public health shall promulgate regulations establishing |
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76 | 76 | | 46protocols to safely discontinue the use of benzodiazepines and non-benzodiazepine hypnotics |
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77 | 77 | | 47and minimize the patient's symptoms of withdrawal; provided however, that the department shall |
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78 | 78 | | 48not mandate that a patient currently prescribed benzodiazepines or non-benzodiazepine hypnotics |
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79 | 79 | | 49discontinue use. No practitioner shall discontinue a patient's prescription of a benzodiazepine or |
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80 | 80 | | 50non-benzodiazepine hypnotics in a manner inconsistent with the regulation established by the |
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81 | 81 | | 51department of public health, and shall adhere to a patient or symptom guided taper. 4 of 4 |
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82 | 82 | | 52 SECTION 8. There is hereby established a special commission to study protocols to |
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83 | 83 | | 53safely discontinue the use of benzodiazepines and non-benzodiazepine hypnotics and minimize |
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84 | 84 | | 54the patient’s symptoms of withdrawal. The commission shall consist of 9 members; 1 member |
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85 | 85 | | 55of the house of representatives, to be appointed by the speaker of the house; 1 member of the |
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86 | 86 | | 56senate, to be appointed by the president of the senate; 4 members to be appointed by the |
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87 | 87 | | 57governor, 1 of whom shall be a psychiatrist licensed to practice in the commonwealth, 1 of |
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88 | 88 | | 58whom shall be a representative from the bureau of substance abuse services, 1 of whom shall be |
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89 | 89 | | 59a representative from the Center for Addiction Medicine at Massachusetts General Hospital, and |
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90 | 90 | | 601 of whom shall be an advocate from the addiction treatment community; the secretary of health |
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91 | 91 | | 61and human services, or a designee; the commissioner of public health, or a designee and the |
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92 | 92 | | 62commissioner of mental health, or a designee. |
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93 | 93 | | 63 The commission shall report its findings and recommendations to the governor and the |
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94 | 94 | | 64clerks of the house of representatives and the senate, including any recommendations for |
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95 | 95 | | 65legislation or regulations, within 4 months of the effective date of this act. |
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