Amendment #58 to H3944

Preventing Adolescent Substance Abuse by Expanding SBIRT

Representatives Khan of Newton, Rushing of Boston, Barber of Somerville, Cantwell of Marshfield, DiZoglio of Methuen, Scibak of South Hadley, Farley-Bouvier of Pittsfield, Livingstone of Boston, Gentile of Sudbury, Calter of Kingston, Smizik of Brookline and Fiola of Fall River move to amend the bill by adding the following sections:-

"SECTION  XXXX.  Section 57 of said chapter 71, as so appearing, is hereby amended by inserting after the word “results,” in line 15, the following words:- to screen pupils for substance use disorders, which may also include a screening for tobacco and nicotine use, through a verbal screening with tools approved by the department of public health, subject to appropriation.

SECTION XXXX. The first paragraph of said section 57 of said chapter 71, as so appearing, is hereby amended by adding the following sentence:- A child or the child’s parent or guardian may opt out of the verbal substance use disorder screening at any point prior to or during the screening.

SECTION XXXX. Said section 57 of said chapter 71, as so appearing, is hereby further amended by adding the following paragraph:-

Results of verbal substance use disorder screenings shall be reported to the department of public health without identifying information not later than 30 days after completion of the screening.

SECTION XXXX. Said chapter 71 is hereby further amended by inserting after section 57 the following section:-

Section 57A. Any statement, response or disclosure provided by a pupil during a verbal substance use disorder screening shall be considered confidential information and shall not be disclosed by a person receiving the statement, response or disclosure to any other person without the prior written consent of the pupil on a form to be approved by the department of public health or in cases of immediate medical emergency and shall not be subject to discovery or subpoena in any civil, criminal, legislative or administrative proceeding. No record of any such statement, response or disclosure shall be made in any form, written, electronic or otherwise, which includes information identifying the pupil.

SECTION XXXX. The department of public health shall promulgate rules and regulations to implement sections 7 to 10, inclusive, to ensure the verbal substance use disorder screening occurs annually and to ensure the screening of students in 2 grades.

SECTION XXXX. Notwithstanding any general or special law to the contrary, each school district shall implement the verbal substance use disorder screening not later than the 2016-2017 school year.”