1 of 1 HOUSE DOCKET, NO. 1365 FILED ON: 1/14/2025 HOUSE . . . . . . . . . . . . . . . No. 2217 The Commonwealth of Massachusetts _________________ PRESENTED BY: Sally P. Kerans _________________ 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 opioid reversal drugs. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Sally P. Kerans13th Essex1/14/2025 1 of 3 HOUSE DOCKET, NO. 1365 FILED ON: 1/14/2025 HOUSE . . . . . . . . . . . . . . . No. 2217 By Representative Kerans of Danvers, a petition (accompanied by bill, House, No. 2217) of Sally P. Kerans relative to opioid reversal drugs. Mental Health, Substance Use and Recovery. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act relative to opioid reversal drugs. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 Chapter 94C is hereby amended in Section 19B by striking Section 19B and inserting in 2place thereof the following new section:- 3 Section 19B. (a) As used in this section and unless the context clearly requires otherwise, 4“opioid antagonist” shall mean any drug approved by the federal Food and Drug Administration 5as a competitive narcotic antagonist used in the reversal of overdoses caused by opioids. 6 (b) The department shall ensure that a statewide standing order is issued to authorize the 7dispensing of all opioid antagonist in the commonwealth by any licensed pharmacist. The 8statewide standing order shall include, but not be limited to, written, standardized procedures or 9protocols for the dispensing of all opioid antagonist by a licensed pharmacist. Notwithstanding 10any general or special law to the contrary, the commissioner, or a physician who is designated by 11the commissioner and is registered to distribute or dispense a controlled substance in the course 2 of 3 12of professional practice under section 7, shall issue a statewide standing order to be used for a 13licensed pharmacist to dispense an opioid antagonist under this section. 14 (c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may 15dispense an opioid antagonist in accordance with the statewide standing order issued under 16subsection (b). Except for an act of gross negligence or willful misconduct, a pharmacist who, 17acting in good faith, dispenses an opioid antagonist shall not be subject to any criminal or civil 18liability or any professional disciplinary action by the board of registration in pharmacy related 19to the use or administration of an opioid antagonist. 20 (d) A pharmacist who dispenses an opioid antagonist shall annually report to the 21department the number of opioid antagonist doses dispensed. Reports shall not identify an 22individual patient, shall be confidential and shall not constitute a public record as defined in 23clause Twenty-sixth of section 7 of chapter 4. The department shall publish an annual report that 24includes aggregate information about the dispensing of opioid antagonists in the commonwealth. 25 (e) A pharmacist or designee who dispenses an opioid antagonist pursuant to this section 26shall, for the purposes of health insurance billing and cost-sharing, treat the transaction as the 27dispensing of a prescription to the person purchasing the opioid antagonist regardless of the 28ultimate user of the opioid antagonist. Unless the person purchasing the opioid antagonist 29requests to pay for the prescription out-of-pocket, the pharmacist or designee shall make a 30reasonable effort to identify the purchaser’s insurance coverage and to submit a claim for the 31opioid antagonist to the insurance carrier prior to dispensing the opioid antagonist. 32 (f) Except for an act of gross negligence or willful misconduct, the commissioner or a 33physician who issues the statewide standing order under subsection (b) and any practitioner who, 3 of 3 34acting in good faith, directly or through the standing order, prescribes or dispenses an opioid 35antagonist shall not be subject to any criminal or civil liability or any professional disciplinary 36action. 37 (g) A person acting in good faith may receive a prescription for an opioid antagonist, 38possess an opioid antagonist and administer an opioid antagonist to an individual appearing to 39experience an opioid-related overdose. A person who, acting in good faith, administers an opioid 40antagonist to an individual appearing to experience an opioid-related overdose shall not, as a 41result of the person's acts or omissions, be subject to any criminal or civil liability or any 42professional disciplinary action. The immunity established under section 34A shall also apply to 43a person administering an opioid antagonist pursuant to this section. 44 (h) The department, the board of registration in medicine and the board of registration in 45pharmacy shall adopt regulations to implement this section.