HOUSE DOCKET, NO. 3599        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2123

The Commonwealth of Massachusetts

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PRESENTED BY:

James J. O'Day

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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 to expand access to treatment for health professionals with substance use disorders.

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PETITION OF:

HOUSE DOCKET, NO. 3599        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2123

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to expand access to treatment for health professionals with substance use disorders.

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. (a) Notwithstanding any general or special law to the contrary, there shall be a commission to study alternative-to-discipline programs for health professionals with substance use disorders, who are licensed, certified or registered by the boards of registration of nursing, pharmacy, dentistry, nursing home administrators, physician assistants, perfusionists, genetic counselors, respiratory therapists, community health workers, naturopathy, and the office of emergency medical services, pursuant to chapter 112. The commission shall make recommendations to reduce stigma associated with substance use disorders in the health care workforce, expand access to voluntary rehabilitative programs, minimize deterrents to participation in said programs, facilitate the successful completion of treatment and return to professional practice, and enhance public health and safety.

The commission shall consist of at least 10 members: the secretary of health and human services or a designee, who shall serve as chair; the commissioner of public health; the director of the bureau of health professions licensure; the chairpersons of the joint committee on mental health, substance use and recovery; and 5 persons appointed by the secretary of health and human services, 1 of whom shall have expertise is the treatment of individuals with a substance use disorder, 1 of whom shall be a representative of the Organization of Nurse Leaders, 1 of whom shall be a representative of the Massachusetts Nurses Association, and 1 of whom shall be a representative of 1199SEIU, and 1 of whom shall be a representative of the Massachusetts Health and Hospital Association; provided, however, that the secretary may appoint additional members as may be necessary.

(b) The commission shall:

(i) review data, medical literature and expert opinions on the prevalence of substance use disorders among health professionals locally, regionally and nationally;

(ii) examine the effectiveness of the rehabilitation program for pharmacists, established by section 24H of chapter 112, and the rehabilitation program for nurses, established by section 80F of said chapter, including but not limited to program design, trends in enrollment, completion rates and failure rates;

(iii) identify potential deterrents to the enrollment in or completion of said programs, including but not limited to eligibility criteria, application requirements, wait times for admission, program duration, conditions of participation, penalties for non-compliance, privacy and confidentiality protections, and return-to-work restrictions;

(iv) identify best practices in voluntary alternative-to-discipline rehabilitation programs that have been adopted by other states, and any opportunities to modernize standards in the commonwealth;

(v) assess the feasibility of establishing a single, comprehensive, voluntary rehabilitation program for all health professionals licensed, certified or registered pursuant to chapter 112, including but not limited to the following considerations:

a. the level of staffing and other resources necessary to adequately meet the needs of health professionals throughout the commonwealth;

b. the need for an independent rehabilitative evaluation committee of individuals who are qualified to review applications for admission, recommend individualized treatment plans, and determine when participants may resume professional practice within the full scope of their license; and the ability for said committee to adjudicate matters in a timely fashion;

c. the costs associated with the administration of said program, including both start-up costs and annual operating costs;

d. the efficiencies that may be achieved through the consolidation of existing programs, and other sources of revenue that may be dedicated for this purpose.

(c) The commission may hold public meetings or solicit public comment as it considers necessary. The commission shall file a report of its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, with the clerks of the senate and the house of representatives not later than 180 days after the effective date of this act.