Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2538 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. 723 FILED ON: 1/13/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2538
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Danillo A. Sena
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 establishing a fetal alcohol spectrum disorders program.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Danillo A. Sena37th Middlesex1/13/2025Patrick Joseph Kearney4th Plymouth2/14/2025 1 of 5
16	16	HOUSE DOCKET, NO. 723 FILED ON: 1/13/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2538
18	18	By Representative Sena of Acton, a petition (accompanied by bill, House, No. 2538) of Danillo
19	19	A. Sena and Patrick Joseph Kearney for legislation to establish a fetal alcohol spectrum disorders
20	20	program within the Department of Public Health. Public Health.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act establishing a fetal alcohol spectrum disorders program.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Chapter 111 of the General Laws, as most recently amended by section 21 of chapter 186
30	30	2of the acts of 2024, is hereby further amended by adding the following section:-
31	31	3 Section 249 (a). For the purposes of this section, the following words shall, unless the
32	32	4context clearly requires otherwise, have the following meanings:-
33	33	5 “Fetal alcohol spectrum disorders” or “FASD”, a range of effects that can occur in an
34	34	6individual who has been prenatally exposed to alcohol. FASD includes diagnoses such as: (i)
35	35	7fetal alcohol syndrome (FAS); (ii) partial fetal alcohol syndrome (pFAS); (iii) alcohol-related
36	36	8neurodevelopmental disorder (ARND); (iv) Static Encephalopathy – Alcohol Exposed (SE-AE);
37	37	9(v) neurobehavioral disorders associated with prenatal alcohol exposure (ND-PAE); and (vi)
38	38	10alcohol-related birth defects (ARBD). 2 of 5
39	39	11 “Prenatal alcohol exposure” or “PAE”, the leading cause of preventable developmental
40	40	12disabilities, including over 400 co-occurring possible disease conditions, impacting the brain,
41	41	13vision, hearing, heart, circulation, digestion and musculoskeletal and respiratory systems.
42	42	14
43	43	15 (b) The department shall establish a comprehensive fetal alcohol spectrum disorders
44	44	16awareness, prevention, identification, intervention and service delivery program also know as the
45	45	17FASD program. The FASD program may include but is not limited to the following:
46	46	18 (i) designating a FASD program state coordinator with knowledge and experience in the
47	47	19field of prenatal alcohol exposure and fetal alcohol spectrum disorders;
48	48	20
49	49	21 (ii) utilizing and adapting existing federal or state programs to include fetal alcohol
50	50	22spectrum disorders identification and FASD-informed support;
51	51	23
52	52	24 (iii) developing and expanding screening and diagnostic capacity for fetal alcohol
53	53	25spectrum disorders;
54	54	26
55	55	27 (iv) developing, implementing and evaluating targeted fetal alcohol spectrum disorders
56	56	28informed intervention programs for FASD;
57	57	29 3 of 5
58	58	30 (v) increasing awareness of fetal alcohol spectrum disorders;
59	59	31
60	60	32 (vi) providing training with respect to fetal alcohol spectrum disorders for professionals
61	61	33across relevant sectors; and
62	62	34
63	63	35 (vii) serving as a centralized resource for issues related to fetal alcohol spectrum
64	64	36disorders and disseminating information about FASD and support services to affected
65	65	37individuals and their families.
66	66	38
67	67	39 (c)(1) A FASD advisory committee shall be established to provide guidance for the
68	68	40FASD program regarding support, prevention, identification and intervention for individuals
69	69	41with FASD and their families. The FASD advisory committee actions may include but are not
70	70	42limited to the following:
71	71	43 (i) developing a statewide strategic plan to substantially reduce prenatal alcohol exposure
72	72	44and provide for the identification, treatment and support of individuals with FASD and their
73	73	45families;
74	74	46 (ii) providing guidance on the implementation of the strategic plan by reviewing and
75	75	47commenting on grant proposals addressing prenatal alcohol and substance exposure and FASD-
76	76	48informed supports and interventions; 4 of 5
77	77	49 (iii) identifying existing federal or state agency programs related to prenatal alcohol and
78	78	50substance exposure and FASD and making recommendations for the utilization and adaption of
79	79	51such programs to include prenatal alcohol screening and FASD-informed supports and
80	80	52interventions; and
81	81	53 (iv) reviewing programs of state agencies that relate to prenatal alcohol or substance
82	82	54exposure and FASD and coordinating such programs that are interdepartmental in nature
83	83	55pursuant to an interagency agreement, whenever feasible.
84	84	56
85	85	57 (2) The FASD advisory committee shall consist of: (i) the commissioner, or their
86	86	58designee; (ii) not more than 10 members appointed by the commissioner from the public
87	87	59representing health, education and justice professionals, service providers, tribal populations,
88	88	60including at least 2 of the members having lived with the experience of a FASD diagnosis or
89	89	61their family members experiencing a FASD diagnosis and at least 1 member with professional
90	90	62experience as a FASD advocate. The FASD advisory committee shall elect a chair from its
91	91	63membership to serve a 1-year term.
92	92	64
93	93	65 (3) The terms, compensation, removal and filling of vacancies of appointed members of
94	94	66the FASD advisory committee shall be determined by the commissioner.
95	95	67 (4) The commissioner shall designate a FASD program state coordinator pursuant to
96	96	68clause (i) of subsection (b) to provide administrative support for the FASD advisory committee. 5 of 5
97	97	69Administrative support may include personnel, budget, payroll and contract administration. The
98	98	70FASD advisory committee shall adopt an annual budget and work program.
99	99	71 (5) The FASD advisory committee shall report from time to time on its activities to: (i)
100	100	72the governor; (ii) the chairs of the joint committee on public health; and the department. The
101	101	73FASD advisory committee shall file a formal report with the governor not later than October 15
102	102	74of each even-numbered year so that the information contained in the report, including
103	103	75recommendations, can be included in the governor's budget message to the legislature. It shall
104	104	76also report to the chairs of the joint committee on public health not later than November 15 of
105	105	77each even-numbered year.
106	106	78 (d) The department may: (i) apply for, receive and disburse federal funds made available
107	107	79to the commonwealth by federal law or rules adopted for any purpose related to the powers and
108	108	80duties of the department; and (ii) contract with or provide grants to public and private nonprofit
109	109	81entities for FASD programs set forth in subsection (b). The department shall comply with any
110	110	82requirements of federal law, rules and regulations to apply for, receive and disburse funds.