Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2000 Compare Versions

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22 HOUSE DOCKET, NO. 1214 FILED ON: 1/18/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2000
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Paul McMurtry
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to benzodiazepines and non-benzodiazepine hypnotics.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk1/18/2023Brian M. Ashe2nd Hampden1/30/2023 1 of 4
1616 HOUSE DOCKET, NO. 1214 FILED ON: 1/18/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 2000
1818 By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2000) of
1919 Paul McMurtry and Brian M. Ashe relative to benzodiazepines and non-benzodiazepine
2020 hypnotics. Mental Health, Substance Use and Recovery.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 2117 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act relative to benzodiazepines and non-benzodiazepine hypnotics.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Section 1 of chapter 94C of the General Laws, as appearing in the 2014
3232 2Official Edition, is hereby amended by inserting after the definition of “Agent” the following
3333 3definition:-
3434 4 “Benzodiazepine”, any substance or drug which contains a benzene ring fused to a 7
3535 5member diazepine ring, results in the depression of the central nervous system and is primarily
3636 6intended to treat insomnia, convulsions and anxiety, and used for muscle relaxation and pre-
3737 7operation treatment including alprazolam, clonazepam, diazepam, lorazepam, and temazepam.
3838 8 SECTION 2. Said section 1 of said chapter 94C, as so appearing, is hereby further
3939 9amended by inserting after the definition of “Narcotic drug” the following definition:- 2 of 4
4040 10 “Non-benzodiazepine hypnotic”, any substance or drug which produces effects similar to
4141 11that of a benzodiazepine and is primarily intended to treat insomnia, including zaleplon,
4242 12zopiclone, and zolpidem.
4343 13 SECTION 3. The first paragraph of section 21 of said chapter 94C, as so appearing, is
4444 14hereby amended by adding the following sentence:-
4545 15 In filling a prescription for a benzodiazepine or a non-benzodiazepine hypnotic
4646 16prescription, the pharmacist shall ensure that the label includes a cautionary statement explaining
4747 17the risks associated with long-term use which shall be bolded and contained within a box.
4848 18 SECTION 4. Said section 21 of said chapter 94C of the General Laws, as so appearing, is
4949 19hereby further amended by inserting after the third paragraph the following paragraph:-
5050 20 The department of public health shall produce and distribute either in written or
5151 21electronic form to pharmacies, not including institutional pharmacies, pamphlets for consumers
5252 22relative to benzodiazepines and non-benzodiazepine hypnotics that includes educational
5353 23information about: (i) misuse and abuse by adults and children; (ii) risk of dependency and
5454 24addiction; (iii) proper storage and disposal; (iv) addiction support and treatment resources; and
5555 25(v) the telephone helpline operated by the bureau of substance abuse services established in
5656 26section 18 of chapter 17. A pharmacist shall distribute the pamphlet when dispensing a
5757 27benzodiazepines or a non-benzodiazepine hypnotic.
5858 28 SECTION 5. Section 23 of said chapter 94C, as so appearing is hereby amended by
5959 29adding the following subsection:- 3 of 4
6060 30 (i) A written prescription for less than a 10 day supply of a benzodiazepine or a non-
6161 31benzodiazepine hypnotic shall not be refilled.
6262 32 SECTION 6. Chapter 112 of the General Laws is hereby amended by inserting after
6363 33section 12GG, as inserted by section 2 of chapter 454 of the acts of 2016, the following section:-
6464 34 Section 12HH. No practitioner shall prescribe a benzodiazepine or a non-benzodiazepine
6565 35hypnotic, as defined in section 1 of chapter 94C, without first obtaining the patient’s written
6666 36informed consent. The commissioner of public health shall prescribe a form for physicians to use
6767 37in obtaining such consent. This form shall be written in a manner designed to permit a person
6868 38unfamiliar with medical terminology to understand its purpose and content, and shall include the
6969 39following information: (i) misuse and abuse by adults and children; (ii) risk of dependency and
7070 40addiction; and (iii) risks associated with long-term use of the drugs.
7171 41 Nothing in this section is intended to abolish or limit any common law rights of persons
7272 42other than those whose rights it governs for the purpose of any civil action.
7373 43 SECTION 7. Said chapter 94C is hereby amended by inserting after section 19C, as
7474 44inserted by section 92 of chapter 46 of the acts 2015, the following section:-
7575 45 Section 19D. the department of public health shall promulgate regulations establishing
7676 46protocols to safely discontinue the use of benzodiazepines and non-benzodiazepine hypnotics
7777 47and minimize the patient's symptoms of withdrawal; provided however, that the department shall
7878 48not mandate that a patient currently prescribed benzodiazepines or non-benzodiazepine hypnotics
7979 49discontinue use. No practitioner shall discontinue a patient's prescription of a benzodiazepine or
8080 50non-benzodiazepine hypnotics in a manner inconsistent with the regulation established by the
8181 51department of public health, and shall adhere to a patient or symptom guided taper. 4 of 4
8282 52 SECTION 8. There is hereby established a special commission to study protocols to
8383 53safely discontinue the use of benzodiazepines and non-benzodiazepine hypnotics and minimize
8484 54the patient’s symptoms of withdrawal. The commission shall consist of 9 members; 1 member
8585 55of the house of representatives, to be appointed by the speaker of the house; 1 member of the
8686 56senate, to be appointed by the president of the senate; 4 members to be appointed by the
8787 57governor, 1 of whom shall be a psychiatrist licensed to practice in the commonwealth, 1 of
8888 58whom shall be a representative from the bureau of substance abuse services, 1 of whom shall be
8989 59a representative from the Center for Addiction Medicine at Massachusetts General Hospital, and
9090 601 of whom shall be an advocate from the addiction treatment community; the secretary of health
9191 61and human services, or a designee; the commissioner of public health, or a designee and the
9292 62commissioner of mental health, or a designee.
9393 63 The commission shall report its findings and recommendations to the governor and the
9494 64clerks of the house of representatives and the senate, including any recommendations for
9595 65legislation or regulations, within 4 months of the effective date of this act.