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SENATE DOCKET, NO. 430 FILED ON: 1/15/2023
SENATE . . . . . . . . . . . . . . No. 1242
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Julian Cyr
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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 preventing overdose deaths and increasing access to treatment.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsJoanne M. ComerfordHampshire, Franklin and Worcester2/7/2023Jack Patrick Lewis7th Middlesex2/7/2023Vanna Howard17th Middlesex2/7/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/7/2023John F. KeenanNorfolk and Plymouth2/7/2023Carmine Lawrence Gentile13th Middlesex2/7/2023Sal N. DiDomenicoMiddlesex and Suffolk2/7/2023Patricia D. JehlenSecond Middlesex2/7/2023Jason M. LewisFifth Middlesex2/22/2023James B. EldridgeMiddlesex and Worcester2/22/2023 1 of 4
SENATE DOCKET, NO. 430 FILED ON: 1/15/2023
SENATE . . . . . . . . . . . . . . No. 1242
By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1242) of Julian Cyr, Joanne M.
Comerford, Jack Patrick Lewis, Vanna Howard and other members of the General Court for
legislation relative to preventing overdose deaths and increasing access to treatment. Mental
Health, Substance Use and Recovery.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1272 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to preventing overdose deaths and increasing access to 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 SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a
210-year pilot program establishing overdose prevention centers that utilize harm reduction tools,
3including clinical monitoring of the consumption of pre-obtained controlled substances in the
4presence of trained staff, for the purpose of reducing the risks of disease transmission and
5preventing overdose deaths.
6 The department of public health shall promulgate rules and regulations necessary for the
7operation of an overdose prevention center, including but not limited to, establishing a process to
8apply for licensure. Entities that provide health and social services, including private
9organizations and municipal departments, shall be eligible to apply for licensure to operate an 2 of 4
10overdose prevention center. Approval from the local board of health to participate in the pilot
11program shall be required before an entity may apply for licensure to operate an overdose
12prevention center.
13 The department of public health shall send notification and an explanation of the
14department’s approval or denial of licensure, in writing, within 45 days of a completed
15application to the applicant and to the local board of health where the overdose prevention center
16would be located. A denial of licensure shall not prohibit an entity from submitting a future
17application at any time.
18 To be considered for licensure, an overdose prevention center shall, at a minimum:
19 (1) provide a hygienic space where participants may consume pre-obtained controlled
20substances;
21 (2) provide adequate staffing by healthcare professionals or other trained staff or
22volunteers;
23 (3) provide sterile injection supplies, collect used hypodermic needles and syringes, and
24provide secure hypodermic needle and syringe disposal services;
25 (4) provide education on safe consumption practices, proper disposal of hypodermic
26needles and syringes, and overdose prevention;
27 (5) monitor participants for potential overdose and administer first aid, if needed;
28 (6) provide access or referrals to addiction treatment; 3 of 4
29 (7) educate participants on the risks of contracting HIV and viral hepatitis, and provide
30access or referrals to prevention, screening, and treatment services;
31 (8) provide access to naloxone or referrals to obtain naloxone for participants;
32 (9) ensure the confidentiality of participants using an anonymous unique identifier, if
33needed;
34 (10) provide trainings for staff members to deliver services offered by the overdose
35prevention center or make available any trainings provided by the department of public health, if
36required;
37 (11) establish standard security procedures in consultation with local law enforcement;
38and
39 (12) establish standard policies that facilitate communication and education with local
40businesses, community members, local law enforcement, and first responders.
41 A licensed overdose prevention center shall be authorized as a needle exchange program
42under section 215 of chapter 111 of the General Laws.
43 Notwithstanding any general or special law or rule or regulation to the contrary, the
44following persons shall not be arrested, charged, or prosecuted for any criminal offense,
45including, but not limited to, charges pursuant to sections 13, 32I, 34, 43 or 47 of chapter 94C of
46the General Laws, or be subject to any civil or administrative penalty, including seizure or
47forfeiture of data records, assets or property or disciplinary action by a professional licensing
48board, credentialing restriction, contractual liability, and action against clinical staff or other
49employment action, or be denied any right or privilege, solely for participation or involvement in 4 of 4
50an overdose prevention center licensed by the department of public health pursuant to this
51section: (i) a participant; (ii) a staff member or administrator of a licensed overdose prevention
52center, including a health-care professional, manager, employee, or volunteer; (iii) a property
53owner who owns property at which a licensed overdose prevention center is located and
54operates, (iv) the entity operating the licensed overdose prevention center. Entering or exiting a
55licensed overdose prevention center cannot serve as the basis for, or a fact contributing to the
56existence of, reasonable suspicion or probable cause to conduct a search or seizure.
57 The department of public health shall submit a report to the clerks of the senate and house
58of representatives and to the senate and house chairs of the joint committee on mental health,
59substance use and recovery. The report shall include site-specific and aggregate data for all
60licensed overdose prevention centers including but not limited to: (i) number of participant visits;
61(ii) number of overdoses reversed; (iii) number of referrals to addiction treatment and (iv)
62number of hypodermic needles and syringes collected and distributed. The report shall be
63submitted no later than 18 months after implementation of the pilot program, and annually
64thereafter.
65 SECTION 2. The department of public of health shall promulgate regulations to
66implement section 1 within 6 months of the effective date of this act.