HOUSE DOCKET, NO. 2465        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1966

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Ruth B. Balser

_________________

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 ensuring access to addiction services.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Ruth B. Balser

12th Middlesex

1/19/2023

Mindy Domb

3rd Hampshire

1/20/2023

James K. Hawkins

2nd Bristol

1/27/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

2/2/2023

Andres X. Vargas

3rd Essex

2/3/2023

Jon Santiago

9th Suffolk

2/6/2023

Lindsay N. Sabadosa

1st Hampshire

2/10/2023

Samantha Montaño

15th Suffolk

2/10/2023

Vanna Howard

17th Middlesex

2/10/2023

Joanne M. Comerford

Hampshire, Franklin and Worcester

2/10/2023

James B. Eldridge

Middlesex and Worcester

2/10/2023

Jeffrey Rosario Turco

19th Suffolk

2/13/2023

Marc T. Lombardo

22nd Middlesex

2/14/2023

Danillo A. Sena

37th Middlesex

2/17/2023

Steven Owens

29th Middlesex

2/17/2023

Margaret R. Scarsdale

1st Middlesex

2/17/2023

Erika Uyterhoeven

27th Middlesex

2/22/2023

Michelle L. Ciccolo

15th Middlesex

3/6/2023

Natalie M. Higgins

4th Worcester

3/22/2023

Tommy Vitolo

15th Norfolk

3/22/2023

Christopher Hendricks

11th Bristol

3/22/2023

Kay Khan

11th Middlesex

3/28/2023

Carmine Lawrence Gentile

13th Middlesex

4/1/2023

Kate Donaghue

19th Worcester

4/3/2023

Marjorie C. Decker

25th Middlesex

5/3/2023

Sally P. Kerans

13th Essex

6/2/2023

Patrick M. O'Connor

First Plymouth and Norfolk

9/11/2023

Priscila S. Sousa

6th Middlesex

2/6/2024


HOUSE DOCKET, NO. 2465        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1966

By Representative Balser of Newton, a petition (accompanied by bill, House, No. 1966) of Ruth B. Balser and others relative to access to addiction services.  Mental Health, Substance Use and Recovery.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act ensuring access to addiction services.

 

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 35 of Chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “facility,” and inserting in place thereof the following definition:-

''Facility'', a public or private facility that provides care and treatment for a person with an alcohol or substance use disorder. For the purpose of this section, a "facility" or "secure facility" shall not include any jail or correctional facility or any other facility funded, controlled, or administered by a county sheriff, the Executive Office of Public Safety and Security (EOPSS), or any agency under EOPPS' jurisdiction.

SECTION 2: Section 35 of Chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 74 to 104, inclusive, the words “If the department of public health” through “treating persons on a voluntary basis,” and inserting in place thereof the following:-

The Secretary of Health and Human Services shall ensure an adequate supply of beds for the treatment of alcohol or substance use disorders at facilities licensed or approved by the Department of Public Health or the Department of Mental Health for persons ordered to be committed under M.G.L. c. 123, s. 35.

If the court makes a specific finding that the only appropriate setting for treatment for the person is a secure facility, then the person may be committed to a secure facility licensed or approved by the Department of Public Health or the Department of Mental Health; provided further, that such secure facilities licensed or approved by the Department of Public Health or the Department of Mental Health shall be geographically distributed throughout the Commonwealth so as to provide access to treatment in all regions of Massachusetts. 

A person committed under this section shall, upon release, be encouraged to consent to further treatment and shall be allowed voluntarily to remain in the facility for such purpose. The department of public health shall maintain a roster of public and private facilities available, together with the number of beds currently available and the level of security at each facility, for the care and treatment of alcohol use disorder and substance use disorder and shall make the roster available to the trial court.