SENATE DOCKET, NO. 2223        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 948

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Julian Cyr

_________________

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 protections for good samaritans.

_______________

PETITION OF:

SENATE DOCKET, NO. 2223        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 948

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 990 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

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

_______________

An Act relative to protections for good samaritans.

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 34A of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding, after subsection (e), the following new subsections:-

(f) A person acting in good faith may provide, administer, or utilize a controlled substance testing product to assist another person in determining whether a controlled substance contains chemicals, toxic substances, or hazardous compounds. A person who, in good faith, provides, administers, or utilizes a controlled substance testing product to assist another person in determining whether a controlled substance contains chemicals, toxic substances, or hazardous compounds shall not be charged or prosecuted for possession of a controlled substance under section 34 if the evidence for the charge of possession of a controlled substance was gained as a result of providing, administering, or utilizing a controlled substance testing product to provide assistance to another person. Controlled substance testing products shall include, but not be limited to, fentanyl test strips.

(g) Notwithstanding any general or special law or rule or regulation to the contrary, a person acting in good faith to clinically monitor the consumption of pre-obtained controlled substances for the purpose of reducing the risks of disease transmission and preventing overdose deaths shall not be arrested, charged, or prosecuted for any criminal offense, including, but not limited to, charges pursuant to sections 13, 32I, 34, 43 or 47 of chapter 94C of the General Laws, or be subject to any civil or administrative penalty, including seizure or forfeiture of data records, assets or property, or disciplinary action by a professional licensing board, credentialing restriction, contractual liability, any action against clinical staff or other employment action, or be denied any right or privilege.

SECTION 2. Section 32I of said chapter 94C is hereby amended by adding, after subsection (d), the following new subsection:-

(e) This section shall not apply to supplies obtained at public health programs and deemed necessary by the department.