Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2000 Compare Versions

Only one version of the bill is available at this time.

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