Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2414 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1252 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2414
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carole A. Fiola
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 patient assessment and notification prior to prescribing certain medications.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Carole A. Fiola6th Bristol1/14/2025Paul McMurtry11th Norfolk1/23/2025Brian W. Murray10th Worcester1/22/2025 1 of 4
16	16	HOUSE DOCKET, NO. 1252 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2414
18	18	By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 2414) of
19	19	Carole A. Fiola, Paul McMurtry and Brian W. Murray relative to patient assessment and
20	20	notification prior to prescribing certain medications. Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2164 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to patient assessment and notification prior to prescribing certain medications.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1 of chapter 94C of the General Laws, as appearing in the 2022
32	32	2Official Edition, is hereby amended by inserting after the definition of “Agent” the following
33	33	3definition:-
34	34	4 “Benzodiazepine”, any substance or drug that: (i) contains a benzene ring fused to a 7
35	35	5member diazepine ring; (ii) results in the depression of the central nervous system; (iii) is
36	36	6primarily intended to treat insomnia, convulsions and anxiety; and (iv) is used for muscle
37	37	7relaxation and pre-operation treatment, including alprazolam, clonazepam, diazepam, lorazepam
38	38	8and temazepam. 2 of 4
39	39	9 SECTION 2. Said section 1 of said chapter 94C, as so amended, is hereby further
40	40	10amended by inserting after the definition of “Narcotic drug” the following definition:-
41	41	11 “Non-benzodiazepine hypnotic”, any substance or drug that produces effects similar to
42	42	12that of a benzodiazepine and is primarily intended to treat insomnia, including zaleplon,
43	43	13zopiclone and zolpidem.
44	44	14 SECTION 3. Section 18A of said chapter 94C, as appearing in the 2018 Official Edition,
45	45	15is hereby amended by striking out subsection (a) and inserting in place thereof the following
46	46	16subsection:-
47	47	17 (a) Prior to prescribing an extended-release long-acting opioid in a non-abuse deterrent
48	48	18form for outpatient use for the first time, a practitioner registered under section 7, not including
49	49	19veterinarians, shall conduct a review with a patient, and if the patient is a minor, the patient’s
50	50	20parent or legal guardian, including: (i) an evaluation of the patient's current condition, risk
51	51	21factors, history of mental health or substance use disorder, if any, and whether the patient has
52	52	22taken or is currently taking medication to treat said disorder; (ii) an assessment of alternative
53	53	23treatments that may be available; and (iii) a discussion with the patient and, if the patient is a
54	54	24minor, the patient’s parent or legal guardian, of the risks associated with the medication,
55	55	25including, but not limited to the risks of addiction and overdose associated with opioid drugs.
56	56	26Following the review the practitioner, not including veterinarians, shall, in a form prescribed by
57	57	27the commissioner, obtain the patient’s written informed consent, and, if the patient is a minor,
58	58	28the written informed consent of the patient’s parent or legal guardian for the prescription of an
59	59	29extended-release long-acting opioid. The form shall be written in a manner designed to permit a
60	60	30person unfamiliar with medical terminology to understand its purpose and content, and shall 3 of 4
61	61	31include information regarding: (i) misuse and abuse of opioids by adults and children; (ii) risk of
62	62	32dependency and addiction; and (iii) risks associated with long-term use of the medication.
63	63	33 SECTION 4. Said chapter 94C is hereby amended by inserting after said section 18A the
64	64	34following section:-
65	65	35 Section 18A1/2. Prior to prescribing a benzodiazepine or a non-benzodiazepine hypnotic
66	66	36for the first time, a practitioner registered under section 7, not including veterinarians, shall
67	67	37conduct a review with a patient, and if the patient is a minor, the patient’s parent or legal
68	68	38guardian, including: (i) an evaluation of the patient's current condition, risk factors, history of
69	69	39mental health or substance use disorder, if any, and whether the patient has taken or is currently
70	70	40taking medication to treat said disorder; (ii) an assessment of alternative treatments that may be
71	71	41available; and (iii) a discussion with the patient and, if the patient is a minor, the patient’s parent
72	72	42or legal guardian, of the risks associated with the medication. Following the review, the
73	73	43practitioner, not including veterinarians, shall, in a form prescribed by the commissioner, obtain
74	74	44the patient’s written informed consent, and, if the patient is a minor, the written informed consent
75	75	45of the patient’s parent or legal guardian for the prescription of a benzodiazepine or non-
76	76	46benzodiazepine hypnotic. The form shall be written in a manner designed to permit a person
77	77	47unfamiliar with medical terminology to understand its purpose and content and shall include
78	78	48information regarding: (i) misuse and abuse of benzodiazepines and non-benzodiazepine
79	79	49hypnotics by adults and children; (ii) risk of dependency and addiction; and (iii) risks associated
80	80	50with long-term use of the medication.
81	81	51 SECTION 5. Said chapter 94C is hereby further amended by striking out section 18C and
82	82	52inserting in place thereof the following section:- 4 of 4
83	83	53 Section 18C. Prior to prescribing an opioid contained in Schedule II or any other opioid
84	84	54pain reliever for the first time, a practitioner registered under section 7, not including
85	85	55veterinarians, shall conduct a review with a patient, and if the patient is a minor, the patient’s
86	86	56parent or legal guardian, including: (i) an evaluation of the patient's current condition, risk
87	87	57factors, history of mental health or substance use disorder, if any, and whether the patient has
88	88	58taken or is currently taking medications to treat any such disorders; (ii) an assessment of
89	89	59alternative treatments that may be available; and (iii) a discussion with the patient and, if the
90	90	60patient is a minor, the patient’s parent or legal guardian, of the risks associated with the
91	91	61medication, including, but not limited to the risks of addiction and overdose associated with
92	92	62opioid drugs. Prior to issuing a third prescription for an opioid contained in Schedule II or any
93	93	63other opioid to a patient, the practitioner, not including veterinarians, shall conduct another
94	94	64review with the patient, and if the patient is a minor, the patient’s parent or legal guardian,
95	95	65including: (i) an assessment of alternative treatments that may be available; and (ii) a discussion
96	96	66with the patient and, if the patient is a minor, the patient’s parent or legal guardian, of the risks
97	97	67associated with the medication, including but not limited to the risks of addiction and overdose
98	98	68associated with opioid drugs. Following each review, the practitioner, not including
99	99	69veterinarians, shall, in a form to be prescribed by the commissioner, obtain the patient’s written
100	100	70informed consent, and, if the patient is a minor, the written informed consent of the patient’s
101	101	71parent or legal guardian. This form shall be written in a manner designed to permit a person
102	102	72unfamiliar with medical terminology to understand its purpose and content and shall include
103	103	73information regarding: (i) misuse and abuse of opioids by adults and children; (ii) risk of
104	104	74dependency and addiction; and (iii) risks associated with long-term use of the medication.