HOUSE . . . . . . . No. 3711
The Commonwealth of Massachusetts
The committee on Health Care Financing to whom was referred the Bill relative to emergency scheduling of addictive substances by the Commissioner of Public Health (House, No. 3547), reports recommending that the same ought to pass with an amendment substituting therefore a bill with the same title (House, No. 3711) [Cost: Less than $100,000].
For the committee,
STEVEN M. WALSH.
HOUSE . . . . . . . . . . . . . . . No. 3711
In the Year Two Thousand Thirteen
An Act relative to emergency scheduling of addictive substances by the Commissioner of Public Health.
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. Chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after section 2 the following new section:-
Section 2A. (a) If the Commissioner finds that the scheduling of a drug or substance on a temporary basis is necessary to avoid an imminent hazard to the public safety and is necessary for the preservation of the public health, safety or general welfare, the Commissioner may, by order and without regard to the requirements of section 2 of this chapter, schedule such substance in schedule I if:
(1) the substance is not listed in any other schedule in section 3 of this chapter;
(2) no exception is in effect for the substance under section 4 of this chapter; and
(3) the substance is not excluded under subsection (c) of section 2 of this chapter.
(b) When issuing an order under this section, the Commissioner shall be required to consider, with respect to the finding of an imminent hazard to the public safety, and regarding each drug or substance that is the subject of the order, its actual or relative potential for abuse, and its history and current patterns of abuse.
(c) An order issued under this section shall be considered an emergency regulation and subject to the provisions of section 3 of chapter 30A, except that: (i) no further approval by designated persons or bodies, as referenced in said section 3, shall be required before such emergency regulations become effective, and; (ii) an emergency regulation so established may remain in effect up to one year.
(d) An order issued under this section is not subject to judicial review.