Further Amendment #18.1 to H4725

Further Amendment to 18

Ms. Garlick of Needham moves to further amend amendment #18 by striking the amendment in its entirety and inserting in place thereof the following:-

Ms. Garlick of Needham moves to amend the bill by inserting after section 77 the following section:-

SECTION 77A. There shall be a commission established pursuant to section 2A of chapter 4 of the General Laws to study the efficacy of involuntary inpatient treatment for non-court involved individuals diagnosed with substance use disorder. The commission shall review: (i) medical literature and expert opinions on the long-term relapse rates of individuals diagnosed with substance use disorder following involuntary inpatient treatment including (a) the differences in outcomes for coerced and non-coerced patients and (b) any potential increased risk of an individual suffering a fatal overdose following a period of involuntary treatment; (ii) medical literature on length of time necessary for detoxification of opioids and recommended time following detoxification to begin medication-assisted treatment; (iii) the legal implications of holding a non-court involved individual who is diagnosed with substance use disorder but is no longer under the influence of substances; (iv) whether the current capacity, including acute treatment services, clinical stabilization services, transitional support services and recovery homes, is sufficient to treat individuals seeking voluntary treatment for substance use disorder; (v) the availability of other treatments for substance use disorder, including those treatments used in less restrictive settings; and (vi) the effectiveness of the existing involuntary commitment procedures pursuant to section 35 of chapter 123 of the General Laws at reducing long-term relapse rates.

The commission shall consist of: the house and senate chairs of the committee on mental health, substance use and recovery, who shall serve as co-chairs; the house and senate chairs of the committee on judiciary; the minority leader of the house, or a designee; the minority leader of the senate, or a designee; the secretary of the office of health and human services, or a designee; the chief justice of the trial court, or a designee; the commissioner of the department of public health, or a designee; the commissioner of the department of mental health, or a designee; an addiction expert with experience in federal and state policy on substance use disorder; and one from each of the following: Massachusetts Organization for Addiction Recovery; the Massachusetts Health & Hospital Association; the Massachusetts Medical Society; Massachusetts Psychiatric Society; Massachusetts College of Emergency Physicians; the Association for Behavioral Healthcare;  the Massachusetts Association of Behavioral Health Systems; the American Civil Liberties Union of Massachusetts; the Committee for Public Counsel Services; the Massachusetts Association of Advanced Practice Psychiatric Nurses; the Massachusetts Society of Addiction Medicine; and Boston Health Care for the Homeless Program. The commission shall file recommendations, including any proposed legislation, with the clerks of the house of representatives and the senate not later July 1, 2019.