SENATE DOCKET, NO. 1057        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1092

The Commonwealth of Massachusetts

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PRESENTED BY:

Eileen M. Donoghue

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to benzodiazepines and non-benzodiazepine hypnotics.

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PETITION OF:

SENATE DOCKET, NO. 1057        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1092

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4062 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to benzodiazepines and non-benzodiazepine hypnotics.

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. Section 1 of chapter 94C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the definition of “Agent” the following definition:-

“Benzodiazepine”, any substance or drug which contains a benzene ring fused to a 7 member diazepine ring, results in the depression of the central nervous system and is primarily intended to treat insomnia, convulsions and anxiety, and used for muscle relaxation and pre-operation treatment including alprazolam, clonazepam, diazepam, lorazepam, and temazepam.

SECTION 2. Said section 1 of said chapter 94C, as so appearing, is hereby further amended by inserting after the definition of “Narcotic drug” the following definition:-

“Non-benzodiazepine hypnotic”, any substance or drug which produces effects similar to that of a benzodiazepine and is primarily intended to treat insomnia, including zaleplon, zopiclone, and zolpidem.

SECTION 3. Said chapter 94C is hereby amended by inserting after section 19C, as inserted by section 92 of chapter 46 of the acts of 2015, the following section:-

Section 19D. The department of public health shall promulgate regulations establishing protocols to safely discontinue the use of benzodiazepines and non-benzodiazepine hypnotics and minimize the patient’s symptoms of withdrawal; provided however, that the department shall not mandate that a patient currently prescribed benzodiazepines or non-benzodiazepine hypnotics discontinue use. No practitioner shall discontinue a patient’s prescription of a benzodiazepine or a non-benzodiazepine hypnotic in a manner inconsistent with the regulations established by the department of public health.

SECTION 4. The first paragraph of section 21 of said chapter 94C, as so appearing, is hereby amended by adding the following sentence:-

In filling a prescription for a benzodiazepine or a non-benzodiazepine hypnotic prescription, the pharmacist shall ensure that the label includes a cautionary statement explaining the risks associated with long-term use which shall be bolded and contained within a box.

SECTION 5. Said section 21 of said chapter 94C of the General Laws, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraph:-

The department of public health shall produce and distribute either in written or electronic form to pharmacies, not including institutional pharmacies, pamphlets for consumers relative to benzodiazepines and  non-benzodiazepine hypnotics that includes educational information about: (i) misuse and abuse by adults and children; (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 established in section 18 of chapter 17. A pharmacist shall distribute the pamphlet when dispensing a benzodiazepines or a non-benzodiazepine hypnotic.

SECTION 6. Section 23 of said chapter 94C, as so appearing is hereby amended by adding the following 2 subsections:-

(i) A written prescription for less than a 10 day supply of a benzodiazepine or a non-benzodiazepine hypnotic shall not be refilled.

(j) A written prescription for a benzodiazepine or a non-benzodiazepine hypnotic shall be written on brightly colored paper and shall include a cautionary statement explaining the risk of dependency and addiction.

SECTION 8. Chapter 112 of the General Laws is hereby amended by inserting after section 12EE the following section:-

Section 12FF. No practitioner shall prescribe a benzodiazepine or a non-benzodiazepine hypnotic, as defined in section 1 of chapter 94C, without first obtaining the patient’s written informed consent. The commissioner of public health shall prescribe a form for physicians to use in obtaining such consent. This form shall be written in a manner designed to permit a person unfamiliar with medical terminology to understand its purpose and content, and shall include the following information: (i) misuse and abuse by adults and children; (ii) risk of dependency and addiction; and (iii) risks associated with long-term use of the drugs.

Nothing in this section is intended to abolish or limit any common law rights of persons other than those whose rights it governs for the purpose of any civil action.