HOUSE DOCKET, NO. 823        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1959



The Commonwealth of Massachusetts



In the Year Two Thousand Nine



An Act regulating the reporting of opioid overdoses..


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. AN ACT Regulating the reporting of opioid overdoses

Chapter 112 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following section after section 12G:

“SECTION 12G½ . Every physician attending or treating a case of heroin or other opioid overdose shall report such case to the department of public health for public health purposes within twenty-four hours.  Whenever any such case is treated in a hospital, clinic or other institution, the administrator, manager, or other person in charge thereof shall report such case to the commissioner of public health within twenty-four hours.  The reports made pursuant to this section shall not include individual identifying information and may include the following demographic characteristics as they pertain to the patient: city, Zip Code + 4 Code, age, gender, race and drug involved; shall be confidential; and shall not be a public record as defined by Section 7 of Chapter 4.  The department of public health shall promulgate regulations to carry out the provisions of this section.  Whoever violates any provision of this section shall be punished by a fine of not less than fifty dollars or more than one hundred dollars.”