Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2217 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 1365 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2217
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sally P. Kerans
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 opioid reversal drugs.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Sally P. Kerans13th Essex1/14/2025 1 of 3
16	16	HOUSE DOCKET, NO. 1365 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2217
18	18	By Representative Kerans of Danvers, a petition (accompanied by bill, House, No. 2217) of
19	19	Sally P. Kerans relative to opioid reversal drugs. Mental Health, Substance Use and Recovery.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to opioid reversal drugs.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 Chapter 94C is hereby amended in Section 19B by striking Section 19B and inserting in
29	29	2place thereof the following new section:-
30	30	3 Section 19B. (a) As used in this section and unless the context clearly requires otherwise,
31	31	4“opioid antagonist” shall mean any drug approved by the federal Food and Drug Administration
32	32	5as a competitive narcotic antagonist used in the reversal of overdoses caused by opioids.
33	33	6 (b) The department shall ensure that a statewide standing order is issued to authorize the
34	34	7dispensing of all opioid antagonist in the commonwealth by any licensed pharmacist. The
35	35	8statewide standing order shall include, but not be limited to, written, standardized procedures or
36	36	9protocols for the dispensing of all opioid antagonist by a licensed pharmacist. Notwithstanding
37	37	10any general or special law to the contrary, the commissioner, or a physician who is designated by
38	38	11the commissioner and is registered to distribute or dispense a controlled substance in the course 2 of 3
39	39	12of professional practice under section 7, shall issue a statewide standing order to be used for a
40	40	13licensed pharmacist to dispense an opioid antagonist under this section.
41	41	14 (c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may
42	42	15dispense an opioid antagonist in accordance with the statewide standing order issued under
43	43	16subsection (b). Except for an act of gross negligence or willful misconduct, a pharmacist who,
44	44	17acting in good faith, dispenses an opioid antagonist shall not be subject to any criminal or civil
45	45	18liability or any professional disciplinary action by the board of registration in pharmacy related
46	46	19to the use or administration of an opioid antagonist.
47	47	20 (d) A pharmacist who dispenses an opioid antagonist shall annually report to the
48	48	21department the number of opioid antagonist doses dispensed. Reports shall not identify an
49	49	22individual patient, shall be confidential and shall not constitute a public record as defined in
50	50	23clause Twenty-sixth of section 7 of chapter 4. The department shall publish an annual report that
51	51	24includes aggregate information about the dispensing of opioid antagonists in the commonwealth.
52	52	25 (e) A pharmacist or designee who dispenses an opioid antagonist pursuant to this section
53	53	26shall, for the purposes of health insurance billing and cost-sharing, treat the transaction as the
54	54	27dispensing of a prescription to the person purchasing the opioid antagonist regardless of the
55	55	28ultimate user of the opioid antagonist. Unless the person purchasing the opioid antagonist
56	56	29requests to pay for the prescription out-of-pocket, the pharmacist or designee shall make a
57	57	30reasonable effort to identify the purchaser’s insurance coverage and to submit a claim for the
58	58	31opioid antagonist to the insurance carrier prior to dispensing the opioid antagonist.
59	59	32 (f) Except for an act of gross negligence or willful misconduct, the commissioner or a
60	60	33physician who issues the statewide standing order under subsection (b) and any practitioner who, 3 of 3
61	61	34acting in good faith, directly or through the standing order, prescribes or dispenses an opioid
62	62	35antagonist shall not be subject to any criminal or civil liability or any professional disciplinary
63	63	36action.
64	64	37 (g) A person acting in good faith may receive a prescription for an opioid antagonist,
65	65	38possess an opioid antagonist and administer an opioid antagonist to an individual appearing to
66	66	39experience an opioid-related overdose. A person who, acting in good faith, administers an opioid
67	67	40antagonist to an individual appearing to experience an opioid-related overdose shall not, as a
68	68	41result of the person's acts or omissions, be subject to any criminal or civil liability or any
69	69	42professional disciplinary action. The immunity established under section 34A shall also apply to
70	70	43a person administering an opioid antagonist pursuant to this section.
71	71	44 (h) The department, the board of registration in medicine and the board of registration in
72	72	45pharmacy shall adopt regulations to implement this section.