1 of 1
HOUSE DOCKET, NO. 308 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 2235
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joseph D. McKenna
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to emergency room procedure for prescribing or dispensing pain medication to
certain persons on probation.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Joseph D. McKenna18th Worcester1/11/2023Colleen M. Garry36th Middlesex2/8/2023Michael J. Soter8th Worcester2/15/2023 1 of 2
HOUSE DOCKET, NO. 308 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 2235
By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 2235) of
Joseph D. McKenna, Colleen M. Garry and Michael J. Soter relative to procedures for
prescribing or dispensing pain medications in emergency rooms to certain persons on probation.
Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2363 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to emergency room procedure for prescribing or dispensing pain medication to
certain persons on probation.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 111 of the General Laws is hereby amended by inserting after section 51 ½ the
2following section:-
3 Section 51 ¾. As used in this section, “pain medication” shall mean any opioid as
4defined in section 1 of chapter 94C, benzodiazepine, barbiturate or any other prescription
5medication for the treatment of pain that is likely to show up in the results of a urinalysis drug
6test. 2 of 2
7 A treating clinician, prior to prescribing or dispensing pain medication to a patient
8presenting in an acute-care hospital or satellite emergency facility as those terms are defined in
9section 52 ½ , shall ask said patient, to the extent possible , the following questions:
10 “Are you currently on probation?”
11 “Are you currently required to take court mandated drug tests as a condition of your
12probation?”
13 If the patient answers in the affirmative to both such questions, the treating clinician shall
14administer a urinalysis drug test prior to the prescribing or dispensing of any pain medication.
15The treating clinician shall inform the patient that the results of the drug test will be shared with
16the department of probation. If the patient answers in the negative to either question, or to both
17questions, the treating clinician shall not administer a drug test pursuant to this section.
18 If the patient answers in the affirmative to both such questions and submits to a drug test
19as required by this section, the treating clinician shall, in a timely manner, provide the
20department of probation with: (i) the patient’s name, (ii) the responses to the questions and
21results of the drug test administered pursuant to this section, and (iii) a copy of the prescription
22for any pain medication the clinician prescribed or dispensed.
23 This section shall not affect the treating clinician’s diagnosis and treatment of the patient,
24including the prescribing or dispensing of pain medication, and shall not prevent a treating
25clinician from dispensing pain medication as necessary to a patient in need of urgent medical
26treatment.