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The 192nd General Court of the Commonwealth of Massachusetts

Section 2RRRR: Municipal Naloxone Bulk Purchase Trust Fund

[ Text of section effective until July 1, 2019. For text effective July 1, 2019, see below.]

  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 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 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, non-profit organizations and sheriffs to ensure that the municipalities, non-profit organizations and sheriffs complete all training and registration requirements.

  (b) The fund shall consist of: (i) payments made by participating municipalities and non-profit organizations 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, the municipalities and non-profit organizations participating in the program, the amount of naloxone purchased by each municipality and non-profit organizations and the discount procured through bulk purchasing.

Chapter 29: Section 2RRRR. Municipal Naloxone Bulk Purchase Trust Fund

[ Text of section as amended by 2019, 41, Sec. 23 effective July 1, 2019. See 2019, 41, Sec. 111. For text effective until July 1, 2019, see above.]

  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, 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.