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| 2 | 2 | | HOUSE DOCKET, NO. 1697 FILED ON: 1/15/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 153 |
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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 | | Russell E. Holmes |
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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 requiring informed consent for marijuana testing. |
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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:Russell E. Holmes6th Suffolk1/15/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1697 FILED ON: 1/15/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 153 |
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| 18 | 18 | | By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 153) of |
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| 19 | 19 | | Russell E. Holmes relative to requiring informed consent for marijuana testing at certain health |
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| 20 | 20 | | care facilities. Cannabis Policy. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 110 OF 2023-2024.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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| 26 | 26 | | (2025-2026) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act requiring informed consent for marijuana testing. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby |
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| 32 | 32 | | 2amended by inserting after section 70H the following section:- |
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| 33 | 33 | | 3 Section 70I. A facility, as defined in section 70E, physician or health care provider shall |
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| 34 | 34 | | 4not: (1) test any person for the presence of marijuana or delta-9-tetrahydricannabinol, also known |
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| 35 | 35 | | 5as THC, without first obtaining that person’s written informed consent; (2) disclose the results of |
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| 36 | 36 | | 6such test to any person other than the subject of the test without first obtaining the subject’s |
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| 37 | 37 | | 7written informed consent; or (3) identify the subject of such tests to any person without first |
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| 38 | 38 | | 8obtaining the subject’s written informed consent. A written consent form shall state the purpose |
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| 39 | 39 | | 9for which the information is being requested and shall be distinguished from written consent for |
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| 40 | 40 | | 10the release of any other medical information. 2 of 2 |
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| 41 | 41 | | 11 Whoever violates this section shall be considered to have violated section 2 of chapter |
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| 42 | 42 | | 1293A. |
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| 43 | 43 | | 13 For the purpose of this section “written informed consent” shall mean a written consent |
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| 44 | 44 | | 14form for each requested test and release of the results of a test performed on an individual |
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| 45 | 45 | | 15showing the presence of marijuana or THC or for the release of medical records containing such |
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| 46 | 46 | | 16information. |
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