HOUSE DOCKET, NO. 2583        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1739

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Paul McMurtry

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Paul McMurtry

11th Norfolk

1/17/2019

Brian M. Ashe

2nd Hampden

1/28/2019

Patrick M. O'Connor

Plymouth and Norfolk

1/29/2019

William N. Brownsberger

Second Suffolk and Middlesex

1/29/2019

Ann-Margaret Ferrante

5th Essex

1/29/2019

Bruce E. Tarr

First Essex and Middlesex

1/30/2019

David M. Rogers

24th Middlesex

1/30/2019

Thomas M. Stanley

9th Middlesex

1/30/2019

Donald F. Humason, Jr.

Second Hampden and Hampshire

1/31/2019

Edward F. Coppinger

10th Suffolk

1/31/2019

Jonathan Hecht

29th Middlesex

1/31/2019

Michael S. Day

31st Middlesex

1/31/2019

Ryan C. Fattman

Worcester and Norfolk

1/31/2019

John C. Velis

4th Hampden

1/31/2019

Carole A. Fiola

6th Bristol

2/1/2019

Louis L. Kafka

8th Norfolk

2/1/2019

Claire D. Cronin

11th Plymouth

2/1/2019

John J. Lawn, Jr.

10th Middlesex

2/1/2019

James Arciero

2nd Middlesex

2/1/2019


HOUSE DOCKET, NO. 2583        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1739

By Mr. McMurtry of Dedham, a petition (accompanied by bill, House, No. 1739) of Paul McMurtry and others relative to benzodiazepines and non-benzodiazepine hypnotics.  Mental Health, Substance Use and Recovery.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3594 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

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. 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 4. 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 5. Section 23 of said chapter 94C, as so appearing is hereby amended by adding the following subsection:-

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

SECTION 6. Chapter 112 of the General Laws is hereby amended by inserting after section 12GG, as inserted by section 2 of chapter 454 of the acts of 2016, the following section:-

Section 12HH. 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.

SECTION 7. There is hereby established a special commission to study protocols to safely discontinue the use of benzodiazepines and non-benzodiazepine hypnotics and minimize the patient’s symptoms of withdrawal.  The commission shall consist of 9 members; 1 member of the house of representatives, to be appointed by the speaker of the house; 1 member of the senate, to be appointed by the president of the senate; 4 members to be appointed by the governor, 1 of whom shall be a psychiatrist licensed to practice in the commonwealth, 1 of whom shall be a representative from the bureau of substance abuse services, 1 of whom shall be a representative from the Center for Addiction Medicine at Massachusetts General Hospital, and 1 of whom shall be an advocate from the addiction treatment community; the secretary of health and human services, or a designee; the commissioner of public health, or a designee and the commissioner of mental health, or a designee.

The commission shall report its findings and recommendations to the governor and the clerks of the house of representatives and the senate, including any recommendations for legislation or regulations, within 4 months of the effective date of this act.