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