Amendment ID: S2609-56-R1

Redraft Amendment 56

Harm Reduction Site Commission

Mr. Brownsberger moves that the proposed new text be amended by striking out section 86 and inserting in place thereof the following section:-

“SECTION 86. There shall be a commission to review and make recommendations regarding the feasibility of operating harm reduction sites in which a person with a substance use disorder may consume pre-obtained controlled substances,  medical assistance by health care professionals is made immediately available to such a person as necessary to prevent fatal overdose and counseling, referrals to treatment and other appropriate services are available on a voluntary basis.

The commission shall consist of: the secretary of health and human services or a designee, who shall serve as chair; the commissioner of public health; the house and senate chairs of the joint committee on mental health, substance use and recovery or their designees, the mayor of the city of Boston or a designee; the mayor of the city of Cambridge or a designee; a representative from the Massachusetts Medical Society; a representative from the Massachusetts Health and Hospital Association, Inc.; and 7 members appointed by the secretary, 2 of whom shall be persons with  a substance use disorder, 1 of whom shall be a clinician with experience providing direct care to individuals with a co-occurring mental health and substance use disorder, 1 of whom shall be a person working in an established harm reduction  program providing direct support to persons with substance use disorders, 1 of whom shall be a representative of the Massachusetts Chiefs of Police Association Incorporated, 1 of whom shall have expertise in relevant state and federal law and regulation and 1 of whom shall be a representative of local municipal boards of health. In making appointments, the secretary shall, to the maximum extent feasible, ensure that the commission represents a broad distribution of diverse perspectives and geographic regions.

As part of its review, the commission shall consider: (i) the potential public health and public safety benefits and risks; (ii) the potential federal, state and local legal issues involved with establishing harm reduction sites; (iii) appropriate guidance that would be necessary and required for professional licensure boards and any necessary changes to the regulations of such boards; (iv) existing harm reduction efforts in the commonwealth and whether there is potential for collaboration with existing public health harm reduction organizations; (v) opportunities to maximize public health benefits, including educating persons utilizing the sites of the risks of contracting HIV and viral hepatitis and proper disposal of hypodermic needles and syringes; (vi) ways to support persons utilizing the sites who express an interest in seeking substance use disorder treatment, including providing information on evidence-based treatment options and direct referral to treatment providers; and (vii) other  matters deemed appropriate by the commission. In developing its report, the commission shall review the experiences and results of other states and countries that have established supervised drug consumption sites and report on the impact of those harm reduction sites.

The commission shall submit its findings and recommendations to the clerks of the senate and the house of representatives, the joint committee on mental health, substance use and recovery, the joint committee on public health, the joint committee on the judiciary and the senate and house committees on ways and means not later than February 1, 2019. The secretary shall also make the report publicly available on the executive office of health and human services’ website.”.