Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2196 Compare Versions

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

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 4212 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2196
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker and John J. Lawn, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to preventing overdose deaths and increasing access to treatment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/17/2025Mindy Domb3rd Hampshire1/23/2025Lindsay N. Sabadosa1st Hampshire1/27/2025Natalie M. Higgins4th Worcester1/29/2025Erika Uyterhoeven27th Middlesex1/29/2025Danillo A. Sena37th Middlesex1/31/2025Samantha Montaño15th Suffolk2/3/2025Christine P. Barber34th Middlesex2/6/2025James B. EldridgeMiddlesex and Worcester2/10/2025James C. Arena-DeRosa8th Middlesex2/12/2025Manny Cruz7th Essex2/26/2025Antonio F. D. Cabral13th Bristol2/27/2025Michael D. BradySecond Plymouth and Norfolk2/27/2025Paul McMurtry11th Norfolk3/3/2025Steven Owens29th Middlesex3/3/2025Natalie M. Blais1st Franklin3/5/2025Adrian C. Madaro1st Suffolk3/11/2025Steven Ultrino33rd Middlesex3/11/2025 2 of 2
16	16	Richard M. Haggerty30th Middlesex3/11/2025 1 of 3
17	17	HOUSE DOCKET, NO. 4212 FILED ON: 1/17/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 2196
19	19	By Representatives Decker of Cambridge and Lawn of Watertown, a petition (accompanied by
20	20	bill, House, No. 2196) of Marjorie C. Decker, Mindy Domb and others relative to overdose
21	21	deaths and access to treatment. Mental Health, Substance Use and Recovery.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to preventing overdose deaths and increasing access to treatment.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2022 edition, is
31	31	2hereby amended by inserting after section 215 the following new section:-
32	32	3 Section 215A. (a) For the purposes of this section, the following words shall have the
33	33	4following meanings unless the context clearly requires otherwise:
34	34	5 “Harm reduction program”, a program or service that reduces the adverse consequences
35	35	6of substance use, including use-related morbidity and mortality, stabilizes and improves the
36	36	7health of people who use substances, and advances public health. Programming or services
37	37	8provided by a harm reduction program may include, but shall not be limited to: needle exchange;
38	38	9primary care, including disease prevention and health screenings; access or referral to evidence-
39	39	10based treatment options; drug testing services; overdose reversal care; supervision of persons
40	40	11who use pre-obtained substances; and other social support services deemed permissible by the
41	41	12department. 2 of 3
42	42	13 “Harm reduction program operators”, entities or individuals directly involved in the
43	43	14operation, administration or staffing of a harm reduction program, including directors, board
44	44	15members, consultants, health care providers, service providers, staff and volunteers.
45	45	16 (b) Not later than 1 year after the implementation of a harm reduction program under this
46	46	17subsection, the department shall report the results of authorized programs pursuant to this section
47	47	18and any recommendations by filing the report with the clerks of the senate and house of
48	48	19representatives, the joint committee on mental health, substance use and recovery, the joint
49	49	20committee on public health and the senate and house committees on ways and means.
50	50	21 (c) Notwithstanding any general or special law to the contrary, harm reduction program
51	51	22operators, individuals who access harm reduction program services, owners, lessors and sub-
52	52	23lessors of property used for harm reduction programs and state, county and municipal employees
53	53	24involved in approving or operating harm reduction programs shall, for actions related to the
54	54	25approval or operation of, or participation in, a harm reduction program, be immune from: (i)
55	55	26arrest, charge or prosecution, including for attempting, aiding and abetting or conspiracy to
56	56	27commit a violation, pursuant to sections 32, 32A, 32B, 32C, 32D, 32E, 32I, 34, 40, 43 and 47 of
57	57	28chapter 94C and chapter 271A; (ii) seizure or forfeiture of data, records, assets or property under
58	58	29state law; (iii) civil suit, liability or damages alleged to have been sustained by an act or omission
59	59	30by a harm reduction program operator in the course of providing harm reduction services; (iv)
60	60	31denial of any right or privilege; and (v) for health care providers, disciplinary action by a
61	61	32professional licensing board, credentialing restriction, contractual liability, adverse employment
62	62	33action or denial of any professional privilege; provided, however, that the immunity described in
63	63	34this subsection shall apply only if the harm reduction program is approved by the department and 3 of 3
64	64	35operates in good faith in accordance with this section and regulatory requirements issued by the
65	65	36department.
66	66	37 (d) Entering or exiting or utilizing a harm reduction program cannot serve as the basis
67	67	38for, or a fact contributing to the existence of, reasonable suspicion or probable cause to conduct a
68	68	39search or seizure.
69	69	40 (e) The immunity provided under subsection (c) shall not apply: (i) if the damage was
70	70	41caused by an act or omission constituting gross negligence or recklessness, conduct with an
71	71	42intent to harm, discrimination based on race, ethnicity, national origin, religion, disability, sexual
72	72	43orientation or gender identity, or conduct outside the scope of responsibility of a harm reduction
73	73	44program employee or volunteer, as determined by the department; (ii) to consumer protection
74	74	45actions brought by the attorney general; (iii) to false claims actions brought by or on behalf of
75	75	46the commonwealth; or (iv) privacy violations.
76	76	47 (f) Notwithstanding any general law or special law to the contrary, a person or entity
77	77	48providing harm reduction services under this section and approved by the department shall not be
78	78	49required to register their activities pursuant to section 7 of chapter 94C.
79	79	50 (g) The department shall promulgate regulations to implement this section.
80	80	51 SECTION 2. Section 193U of chapter 175 of the general laws, as amended by section 23
81	81	52of chapter 127 of the acts of 2022, is hereby amended by inserting in the first sentence of the
82	82	53second paragraph, after the word “that,”, the following words:- “a health care provider provides
83	83	54services at a harm reduction program, or”.