FILED ON: 11/16/2011
SENATE . . . . . . . . . . . . . . No. 2072
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The Commonwealth of Massachusetts
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In the Year Two Thousand Eleven
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An Act relative to prescription drug diversion, abuse and addiction.
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. Chapter 94C of the General Laws is hereby amended by inserting after section 7 the following section:-
Section 7A. Prior to obtaining or renewing a registration under section 7, a practitioner who prescribes controlled substances, except a veterinarian, shall register as a participant in the prescription monitoring program established in section 24A.
SECTION 2. Section 15 of said chapter 94C, as appearing in the 2010 Official Edition, is hereby amended by inserting the following paragraph:-
If a person registered to manufacture, distribute, dispense, or possess controlled substances discovers a theft or loss of controlled substances that requires the filing of a DEA Form 106 with the federal Drug Enforcement Administration, the person shall simultaneously file a copy of that form with local law enforcement and the state police.
SECTION 3. Section 18 of chapter 94C of the General Laws, as so appearing, is hereby amended by striking out, in line 38, the word “another” and inserting in place thereof the following words:- a contiguous.
SECTION 4. Section 21 of chapter 94C of the General Laws, as so appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-
The department of public health shall produce and distribute to pharmacies a pamphlet for consumers relative to controlled substances that includes educational information about: (i) misuse and abuse by adults and youth, (ii) risk of dependency and addiction, (iii) proper storage and disposal, (iv) addiction support and treatment resources, and (v) the telephone helpline operated by the bureau of substance abuse services. A pharmacist shall distribute the pamphlet when dispensing a controlled substance contained in Schedule II or III.
SECTION 5. Said chapter 94C is hereby further amended by inserting after section 21A the following section:-
Section 21B. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Lock box”, a box with a locking mechanism that cannot be tampered with or opened without extreme force.
“Pharmacy”, a facility under the direction or supervision of a registered pharmacist which is authorized to dispense controlled substances; provided, however, pharmacy shall not include an institutional pharmacy or a pharmacy department except as otherwise provided in 247 CMR.
“Prescription drug”, all drugs which, under federal law, are required, prior to being dispensed or delivered, to be labeled with the statement “Caution, Federal law prohibits dispensing without prescription" or a drug which is required by applicable federal or state law or regulation to be dispensed pursuant only to a prescription drug order.
(b) A pharmacy registered in the commonwealth to dispense schedule II, III, IV or V prescription drugs shall make available prescription lock boxes for sale at each store location. Pharmacies shall make customers aware of the availability of the lock boxes by displaying a sign on or near the pharmacy counter that: (i) is at least 4 inches by 5 inches, and (ii) includes the following statement in legibly printed font: “Lock boxes for securing your prescription medications are available at this pharmacy.”
SECTION 6. Section 23 of chapter 94C of the General Laws, as so appearing in the 2010 Official Edition, is hereby amended by inserting after the word “means”, in line 25, the following words:- on a secure form;
SECTION 7. Subsection (c) of section 24A of said chapter 94C, as so appearing is hereby amended by adding the following paragraph:-
The department shall promulgate rules and regulations relative to the use of the prescription monitoring program by registered participants that shall include requiring participants to utilize the prescription monitoring program prior to the issuance of a prescription for a controlled substance to a patient for the first time.
SECTION 8. Said chapter 94C of the General Laws is hereby amended by inserting after section 34 the following section:-
Section 34A. (a) A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance pursuant to the provisions of section 34 if the evidence for the charge of possession of a controlled substance was gained as a result of the seeking of medical assistance.
(b) A person who experiences a drug related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to section 34 if the evidence for the charge of possession of a controlled substance was gained as a result of the overdose and the need for medical assistance.
(c) The act of seeking medical assistance for someone who is experiencing a drug related overdose may be used as a mitigating factor in a criminal prosecution pursuant to the Controlled Substance Act.
(d) A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for being in possession of a controlled substance pursuant to the provisions of section 35 if the evidence for the charge of being in possession of a controlled substance was gained as a result of the seeking of medical assistance.
(e) A person who experiences a drug related overdose and is in need of medical assistance shall not be charged or prosecuted for being in possession of a controlled substance pursuant to section 35 if the evidence for the charge of being in possession of a controlled substance was gained as a result of the overdose and the need for medical assistance.
(f) Nothing contained herein shall prevent anyone from being charged with trafficking, distribution, and/or possession of a controlled substance with intent to distribute.
SECTION 9. Section 12F of chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 37 and 38, the words “upon the written consent of the minor or a proper judicial order” and inserting in place thereof the following words:- (i) upon the written consent of the minor, (ii) under a proper judicial order or (iii) if the information or records relate to a minor’s treatment for a drug or alcohol overdose, as defined by department of public health in its regulations, and are being provided to the minor’s parents or legal guardian.
SECTION 10. Said chapter 112 is hereby further amended by inserting after section 12F the following section:-
Section 12F ½. The department of public health shall produce a pamphlet with contact information for its bureau of substance abuse services, including its telephone helpline and with information on the benefits and availability of addiction treatment and on the prevention of future overdoses. Any physician or hospital that treats a person under 18 years of age for a drug or alcohol overdose, as defined by department of public health in its regulations, shall: (i) notify the minor’s parents or legal guardian of the overdose as part of the discharge planning process, (ii) provide the parents or legal guardian and the minor with the pamphlet, and (iii) provide access to a social worker if one is available.
SECTION 11. Said chapter 118E is hereby amended by adding the following section:-
Section 54A. The division shall establish a controlled substance management program for MassHealth enrollees who use excessive quantities of prescribed drugs. Those enrollees shall be restricted to obtaining prescription drugs only from the provider that the division designates as the enrollee’s primary pharmacy. The division shall promulgate rules and regulations relative to the program, including criteria for participation, service restriction, responsibilities of primary pharmacy, change in primary pharmacy and participation status, utilization review, and enforcement.
SECTION 12. Section 16 of chapter 211B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-
The institute, in consultation with the bureau of substance abuse services within the department of public health, shall provide substance abuse training that identifies substance abuse treatment resources for persons charged with or convicted of a crime or adjudicated delinquent who could benefit from those resources.
SECTION 13. Section 4 of chapter 211D of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
The committee, in consultation with the bureau of substance abuse services within the department of public health, shall provide substance abuse training that identifies substance abuse treatment resources for persons charged with or convicted of a crime or adjudicated delinquent who could benefit from those resources.
SECTION 14. Section 11 of chapter 283 of the acts of 2010 is hereby repealed.
SECTION 15. The commissioner of public health shall promulgate regulations, pursuant to section 6 of chapter 94C, relative to security standards for written prescription forms, as required by subsection (g) of section 23 of chapter 94C of the General Laws, not later than January 1, 2013.
SECTION 16. The department of public health shall promulgate rules and regulations relative to the use of the prescription monitoring program by registered participants when prescribing a controlled substance to a patient for the first time, as required by subsection (c) of section 24A of chapter 94C of the General Laws, not later than January 1, 2013.
SECTION 17. The department of public health shall promulgate rules and regulations relative to the use of the prescription monitoring program by a pharmacist when conducting a prospective drug review, as authorized by sections 21A and 24A of chapter 94C of the General Laws, not later than January 1, 2013.
SECTION 18. The director of Medicaid shall promulgate regulations, pursuant to section 7 and section 54A of chapter 118E of the General Laws, relative to the MassHealth controlled substance management program not later than October 31, 2012.
SECTION 19. The commissioner of public health shall convene a joint policy working group to investigate and study best practices, including those in education, screening, tracking, monitoring, and treatment, including acute and long term chronic pain, to promote safe and responsible opioid prescribing practices with the goal of reducing diversion, abuse and addiction. The working group shall include 1 representative from the department of public health, the board of registration in medicine, the board of registration in dentistry, the board of registration in podiatry, the Massachusetts Medical Society, the Massachusetts Dental Society, and the Massachusetts Podiatric Medical Society. The policy working group shall submit a report of its findings, along with recommendations, to the commissioner and a copy of the report to the general court by filing it with the clerk of the house, the clerk of the senate, the joint committee on mental health and substance abuse and the joint committee on public health not later than December 1, 2012.
The commissioner shall promulgate rules and regulations relative to safe and responsible opioid prescribing practices with the goal of reducing diversion, abuse and addiction not later than July 1, 2013.
SECTION 20. The department of public health, in collaboration with the department of correction and the Massachusetts Sheriffs' Association, shall investigate and study the use of an FDA approved, non-narcotic, opioid antagonist therapy for opioid dependent offenders leaving correctional facilities and transitioning to community based treatment programs. The department shall report its findings, along with any recommendations, to the general court by filing it with the clerk of the house, the clerk of the senate, the house and senate committees on ways and means and the joint committee on mental health and substance abuse not later than July 1, 2012.
If the department determines that use of an FDA approved, non-narcotic, opioid antagonist therapy for opioid dependent offenders leaving correctional facilities and transitioning to community based treatment programs is likely to be effective in improving treatment outcomes and reducing recidivism, the department may enter into pilot programs to provide voluntary treatment for opioid dependent offenders with sheriff's offices that choose to participate.
SECTION 21. The executive office of elder affairs, in conjunction with the bureau of substance abuse services in the department of public health shall investigate and study prescription drug abuse among seniors. The study shall include an examination of programs and services offered in the commonwealth and other states that address this issue and steps that can be taken to reduce prescription drug abuse among seniors. The report of its findings, along with any recommendations, shall be submitted to the general court, by filing it with the clerk of the house and the clerk of the senate, the house and senate committees on ways and means, the joint committee on mental health and substance abuse and the joint committee on elder affairs not later than January 31, 2013.
SECTION 22. Section 6 shall take effect on July 1, 2013.
SECTION 23. Sections 15 to 18, inclusive, shall take effect immediately.
SECTION 24. Except as otherwise specified, this act shall take effect on January 1, 2013.