Amendment #794, as changed to H3800

Ensuring Ambulance Service Access to Naloxone

Mr. O'Day of West Boylston moves to amend the bill by inserting, after section 9A, as inserted by Consolidated Amendment “A”, the following section:-


SECTION 9B.  Chapter 29 of the General Laws is hereby amended by striking out section 2RRRR, as most recently amended by section 1 of chapter 277 of the acts of 2018, and inserting in place thereof the following section:-


Section 2RRRR.  (a)  There shall be a Municipal Naloxone Bulk Purchase Trust Fund. The fund shall be administered and expended by the commissioner of public health or a designee for the municipal naloxone bulk purchase program. Municipalities, ambulance services licensed pursuant to chapter 111C and non-profit organizations that contract with the department of public health’s bureau of substance addiction services may join the program to purchase naloxone for municipal first responder agencies and such ambulance services and non-profit organizations. A sheriff of a house of correction that contracts with the department of public health may also participate in the program; provided, however, that such participation shall be pursuant to terms that the department may establish for such contract. The state office of pharmacy services shall assist with the purchasing and distribution of naloxone on behalf of the program. For the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system. The department of public health shall provide technical assistance to participating municipalities, ambulance services, non-profit organizations and sheriffs to ensure that program participants complete all training and registration requirements.


(b)  The fund shall consist of: (i) payments made by program participants for the purchase of naloxone; (ii) revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; and (iii) funds from public or private sources including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund. Funds received under clauses (ii) or (iii) shall be apportioned in a manner determined by the department and shall be applied to provide price reductions for municipalities purchasing naloxone through the program, in addition to any discounts procured by the fund through bulk purchasing. Amounts credited to the fund shall not be subject to further appropriation and monies remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The commissioner shall report annually not later than October 1 to the house and senate committees on ways and means on the fund's activity. The report shall include, but not be limited to, revenue received by the fund, revenue and expenditure projections for the forthcoming fiscal year and details of all expenditures from the fund, participants in the program, the amount of naloxone purchased by each participant and the discount procured through bulk purchasing.