Amendment ID: S2609-69-R1

Redraft Amendment 69

Commission to strengthen consumer protections against corporate entities with a role in the opioid epidemic

Messrs. Lesser and Feeney move that the proposed new text be amended by inserting after section X, the following section:-

“SECTION XX. There shall be a special commission established to study the ways consumer protection laws in the commonwealth can be strengthened to hold corporate entities responsible for their role in furthering the opioid epidemic. The report of the commission shall include, but not be limited to, a review of and recommendations regarding: 1) the personal liability standard for executives of pharmaceutical companies; 2) the use of deceptive or misleading marketing practices by pharmaceutical companies; 3) the need to strengthen existing penalties against pharmaceutical companies engaged in unfair or deceptive acts or practices related to the opioid epidemic; and 4) remedial action pharmaceutical companies can take to mitigate the harmful effects of the opioid epidemic.

The commission shall consist of the following members or a designee: the governor of the commonwealth; the attorney general of the commonwealth; the commissioner of the department of public health; the senate president, who shall serve as co-chair; the senate minority leader; the speaker of the house, who shall serve as co-chair; the house minority leader; and 6 members appointed by the attorney general of the commonwealth, 1 of whom shall be a legal expert in consumer protection and liability, 1 of whom shall be an expert in the field of pain medication and management, 1 of whom shall be a medical expert in the area of substance use disorders and treatment, 1 of whom shall be a provider with extensive experience in the field of pain medication prescription, and 2 of whom shall be persons who have struggled with a substance use disorder.

The commission shall file a report, including any recommendations, with the clerks of the senate and house of representatives, the joint committee on mental health, substance use and recovery, the joint committee on consumer protection and professional licensure, the joint committee on the judiciary, and the house and senate committees on ways and means annually not later than January 1, 2019."