Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1393 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2483 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1393
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
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 :Julian CyrCape and IslandsJoanne M. ComerfordHampshire, Franklin and Worcester1/28/2025Jason M. LewisFifth Middlesex1/29/2025John F. KeenanNorfolk and Plymouth1/29/2025Rebecca L. RauschNorfolk, Worcester and Middlesex1/30/2025Dylan A. FernandesPlymouth and Barnstable2/5/2025James B. EldridgeMiddlesex and Worcester2/11/2025Patricia D. JehlenSecond Middlesex2/19/2025Sal N. DiDomenicoMiddlesex and Suffolk2/21/2025Manny Cruz7th Essex2/25/2025 1 of 4
16	16	SENATE DOCKET, NO. 2483 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1393
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1393) of Julian Cyr, Joanne M.
19	19	Comerford, Jason M. Lewis, John F. Keenan and other members of the Senate for legislation
20	20	relative to preventing overdose deaths and increasing access to treatment. Mental Health,
21	21	Substance Use and Recovery.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1242 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act relative to preventing overdose deaths and increasing access to treatment.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2022 edition, is
33	33	2hereby amended by inserting after section 215 the following new section:-
34	34	3 Section 215A. (a) For the purposes of this section, the following words shall have the
35	35	4following meanings unless the context clearly requires otherwise:
36	36	5 “Harm reduction program”, a program or service that reduces the adverse consequences
37	37	6of substance use, including use-related morbidity and mortality, stabilizes and improves the
38	38	7health of people who use substances, and advances public health. Programming or services
39	39	8provided by a harm reduction program may include, but shall not be limited to: needle exchange;
40	40	9primary care, including disease prevention and health screenings; access or referral to evidence- 2 of 4
41	41	10based treatment options; drug testing services; overdose reversal care; supervision of persons
42	42	11who use pre-obtained substances; and other social support services deemed permissible by the
43	43	12department.
44	44	13 “Harm reduction program operators”, entities or individuals directly involved in the
45	45	14operation, administration or staffing of a harm reduction program, including directors, board
46	46	15members, consultants, health care providers, service providers, staff and volunteers.
47	47	16 (b) Not later than 1 year after the implementation of a harm reduction program under this
48	48	17subsection, the department shall report the results of authorized programs pursuant to this section
49	49	18and any recommendations by filing the report with the clerks of the senate and house of
50	50	19representatives, the joint committee on mental health, substance use and recovery, the joint
51	51	20committee on public health and the senate and house committees on ways and means.
52	52	21 (c) Notwithstanding any general or special law to the contrary, harm reduction program
53	53	22operators, individuals who access harm reduction program services, owners, lessors and sub-
54	54	23lessors of property used for harm reduction programs and state, county and municipal employees
55	55	24involved in approving or operating harm reduction programs shall, for actions related to the
56	56	25approval or operation of, or participation in, a harm reduction program, be immune from: (i)
57	57	26arrest, charge or prosecution, including for attempting, aiding and abetting or conspiracy to
58	58	27commit a violation, pursuant to sections 32, 32A, 32B, 32C, 32D, 32E, 32I, 34, 40, 43 and 47 of
59	59	28chapter 94C and chapter 271A; (ii) seizure or forfeiture of data, records, assets or property under
60	60	29state law; (iii) civil suit, liability or damages alleged to have been sustained by an act or omission
61	61	30by a harm reduction program operator in the course of providing harm reduction services; (iv)
62	62	31denial of any right or privilege; and (v) for health care providers, disciplinary action by a 3 of 4
63	63	32professional licensing board, credentialing restriction, contractual liability, adverse employment
64	64	33action or denial of any professional privilege; provided, however, that the immunity described in
65	65	34this subsection shall apply only if the harm reduction program is approved by the department and
66	66	35operates in good faith in accordance with this section and regulatory requirements issued by the
67	67	36department.
68	68	37 (d) Entering or exiting or utilizing a harm reduction program cannot serve as the basis
69	69	38for, or a fact contributing to the existence of, reasonable suspicion or probable cause to conduct a
70	70	39search or seizure.
71	71	40 (e) The immunity provided under subsection (c) shall not apply: (i) if the damage was
72	72	41caused by an act or omission constituting gross negligence or recklessness, conduct with an
73	73	42intent to harm, discrimination based on race, ethnicity, national origin, religion, disability, sexual
74	74	43orientation or gender identity, or conduct outside the scope of responsibility of a harm reduction
75	75	44program employee or volunteer, as determined by the department; (ii) to consumer protection
76	76	45actions brought by the attorney general; (iii) to false claims actions brought by or on behalf of
77	77	46the commonwealth; or (iv) privacy violations.
78	78	47 (f) Notwithstanding any general law or special law to the contrary, a person or entity
79	79	48providing harm reduction services under this section and approved by the department shall not be
80	80	49required to register their activities pursuant to section 7 of chapter 94C.
81	81	50 (g) The department shall promulgate regulations to implement this section.
82	82	51 SECTION 2. Section 193U of chapter 175 of the general laws, as amended by section 23
83	83	52of chapter 127 of the acts of 2022, is hereby amended by inserting in the first sentence of the 4 of 4
84	84	53second paragraph, after the word “that,”, the following words:- “a health care provider provides
85	85	54services at a harm reduction program, or”.