Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4654 Compare Versions

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

Old	New	Differences
1	1	HOUSE . . . . . . . . No. 4654
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, May 23, 2024.
5	5	The committee on Mental Health, Substance Use and Recovery, to
6	6	whom was referred the petition (accompanied by bill, House, No. 3601) of
7	7	David M. Rogers, Lindsay N. Sabadosa and Mindy Domb for legislation
8	8	to maintain a public database website for fatal and nonfatal opiate
9	9	overdoses, reports recommending that the accompanying bill (House, No.
10	10	4654) ought to pass.
11	11	For the committee,
12	12	ADRIAN C. MADARO. 1 of 2
13	13	FILED ON: 5/15/2024
14	14	HOUSE . . . . . . . . . . . . . . . No. 4654
15	15	The Commonwealth of Massachusetts
16	16	_______________
17	17	In the One Hundred and Ninety-Third General Court
18	18	(2023-2024)
19	19	_______________
20	20	An Act relative to overdose mapping.
21	21	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
22	22	of the same, as follows:
23	23	1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2022 Official Edition,
24	24	2is hereby amended by inserting after section 237 the following section:-
25	25	3 Section 237A. (a) When responding to and reporting on fatal and nonfatal opiate
26	26	4overdoses, the following individuals and entities shall record, to the extent known, information
27	27	5on the circumstances of the overdose: (i) emergency services providers, including, but not
28	28	6limited to, EMS first responders and emergency medical technicians, as defined in section 1 of
29	29	7chapter 111C; (ii) emergency departments, including emergency care units of acute-care
30	30	8hospitals and satellite emergency facilities, as defined in section 51½, and hospitals, as defined in
31	31	9section 52; (iii) community health centers, including, but not limited to, community behavioral
32	32	10health centers, as defined in section 16EE of chapter 6A; (iv) state and local law enforcement
33	33	11agencies, as defined in section 1 of chapter 6E; (v) fire departments, pursuant to chapter 48; (vi)
34	34	12coroners, including medical examiners pursuant to chapter 38; and (vii) any other individual or
35	35	13entity required to report such information pursuant to regulations of the department, collectively
36	36	14“reporting entities”. 2 of 2
37	37	15 Reporting entities shall report such information to the department in a form and format
38	38	16determined by the department not less than 24 hours after the fatal or nonfatal opiate overdose or
39	39	17after receiving the incident toxicology report or autopsy report, whichever is later. The
40	40	18department shall promulgate regulations or issue further guidance to effectuate the purposes of
41	41	19this section, including, but not limited to, additional reporting entities, the type of information
42	42	20required to be reported and exceptions to such reporting requirements, if any.
43	43	21 (b) The collection, storage and release of fatal and nonfatal overdose data shall be subject
44	44	22to all applicable state and federal privacy requirements, including those imposed by the Health
45	45	23Insurance Portability and Accountability Act of 1996, P.L. 104-191, the American Recovery and
46	46	24Reinvestment Act of 2009, P.L. 111–5, 42 C.F.R. §§ 2.11 et seq. and 45 C.F.R. §§ 160, 162 and
47	47	25164.
48	48	26 (c) Pursuant to section 237, the department shall maintain and regularly publish on its
49	49	27website data on fatal and nonfatal overdoses, including, but not limited to, the locations of
50	50	28overdoses based on the information collected and assembled from reporting entities; provided,
51	51	29however, that the department may limit data as necessary to protect the privacy and identity of
52	52	30individuals who experience an overdose. The department shall issue regular data reports on
53	53	31incidences of fatal and nonfatal overdoses in the commonwealth based on the information
54	54	32collected; provided however, that the department shall not include any personally identifiable
55	55	33information of an individual who experiences a fatal or nonfatal overdose in such reports r.
56	56	34 SECTION 2. Section 237A of chapter 111 of the General Laws shall take effect 1 year
57	57	35after the effective date of this act.