SENATE DOCKET, NO. 1375        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1272

The Commonwealth of Massachusetts

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PRESENTED BY:

Walter F. Timilty

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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 non-opioid alternatives in pain treatment.

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PETITION OF:

SENATE DOCKET, NO. 1375        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1272

The Commonwealth of Massachusetts

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

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An Act relative to non-opioid alternatives in pain treatment.

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. Notwithstanding any general or special law to the contrary, The Massachusetts Department of Public Health shall develop and publish on its website an educational pamphlet regarding the use of non-opioid alternatives for the treatment of pain. The pamphlet shall include, but not be limited to, (i) information on available nonopioid alternatives for the treatment of pain, including non-opioid medicinal drugs or drug products and non-pharmacological therapies, (ii) the advantages and disadvantages of the use of non-opioid alternatives.

SECTION 2. Except when a patient is receiving care in a hospital critical care unit or emergency department or a patient is receiving hospice services under Part I, Title XVI, Chapter 111, Section 227 of Massachusetts General Law, before providing care requiring the administration of anesthesia involving the use of an opioid drug listed as a Schedule II controlled substance in s. 893.03 or 21 U.S.C. s. 812, or prescribing or ordering an opioid drug listed as a Schedule II controlled substance in s. 893.03 or 21 U.S.C. s. 812 for the treatment of pain, a health care practitioner who prescribes or orders an opioid drug shall (i) inform the patient or the patient’s representative of available nonopioid alternatives for the treatment of pain, which may include non-opioid medicinal drugs or drug products, interventional procedures or treatments, acupuncture, chiropractic treatments, massage therapy, physical therapy, occupational therapy, or any other appropriate therapy as determined by the health care practitioner, (ii) discuss with the patient or the patient’s representative the advantages and disadvantages of the use of non-opioid alternatives, including whether the patient is at a high risk of, or has a history of, controlled substance abuse or misuse and the patient’s personal preferences, (iii) provide the patient or the patient’s representative with a printed copy of the educational pamphlet described in section 1, (iv) document the non-opioid alternatives considered in the patient’s record.