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2 | 2 | | HOUSE DOCKET, NO. 1763 FILED ON: 1/18/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3600 |
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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 | | Kate Donaghue |
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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 discharge from substance use disorder treatment. |
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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:Kate Donaghue19th Worcester1/18/2023James C. Arena-DeRosa8th Middlesex1/27/2023Danillo A. Sena37th Middlesex1/27/2023David Paul Linsky5th Middlesex2/6/2023 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 1763 FILED ON: 1/18/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3600 |
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18 | 18 | | By Representative Donaghue of Westborough, a petition (accompanied by bill, House, No. 3600) |
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19 | 19 | | of Kate Donaghue and others relative to discharge from substance use disorder treatment. |
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20 | 20 | | Mental Health, Substance Use and Recovery. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act relative to discharge from substance use disorder treatment. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 (a) Notwithstanding any general or special law, rule or regulation to the contrary, the |
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30 | 30 | | 2department of public health, in consultation with the bureau of substance addiction services |
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31 | 31 | | 3established in section 18 of chapter 17 of the General Laws, shall conduct a study on the |
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32 | 32 | | 4circumstances and effects of conducting an administrative discharge of a patient from a |
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33 | 33 | | 5substance use disorder treatment program subject to licensure or approval under sections 24 and |
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34 | 34 | | 624D of chapter 90, sections 6 and 6A of chapter 111B and section 7 of chapter 111E. For the |
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35 | 35 | | 7purposes of this section, an “administrative discharge” shall mean a termination of treatment of a |
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36 | 36 | | 8patient for substance use disorder as determined by treatment provider staff, despite a lack of |
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37 | 37 | | 9maximal clinical improvement in the patient, due to a violation of an administrative rule of the |
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38 | 38 | | 10program. |
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39 | 39 | | 11 (b) The study shall examine the standards used by a substance use disorder treatment |
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40 | 40 | | 12program in determining when to conduct an administrative discharge including, but not limited 2 of 2 |
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41 | 41 | | 13to, any standard criteria, methodology or graduated sanctions in place based on staff and patient |
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42 | 42 | | 14safety and the level of treatment and severity of the symptoms of the patient. The study shall also |
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43 | 43 | | 15examine any options that a patient may have after an administrative discharge from a substance |
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44 | 44 | | 16use disorder treatment program including any programs or resources available to the patient and |
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45 | 45 | | 17the frequency that such options are provided to those patients. The study shall also examine the |
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46 | 46 | | 18applicability, availability and effectiveness of the regulations relative to the coordination of care |
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47 | 47 | | 19and management of discharge planning pursuant to section 19 of said chapter 17 for an |
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48 | 48 | | 20administrative discharge. |
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49 | 49 | | 21 (c) The department of public health shall report and file its findings and |
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50 | 50 | | 22recommendations, including any legislation, with the clerks of the house of representatives and |
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51 | 51 | | 23senate not later than December 31, 2024. |
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