Senator Dan Wolf
Massachusetts Cape & Islands District
Legislature Passes Substance Addiction Legislation to Enhance Continuum of Care and Prevention Efforts
Builds off 2014 landmark law and unprecedented budget investments

(BOSTON) – The agreement struck by a six-member conference committee after nearly seven weeks of negotiation passed House of Representatives on March 9th and the Senate on March 10th. The substance addiction legislation enhances intervention, prevention and education efforts, including the creation of a framework to evaluate and treat patients who present in emergency rooms with an apparent overdose.

This new practice, which will be covered by insurance, is designed to ensure the proper assessment and discharge of patients who seek voluntary treatment. If a patient refuses treatment, information on health and community resources will be provided. This framework reflects the 2012 University of Miami Medical School findings that voluntary treatment is more effective and affordable than involuntary commitment.

To help people dispose of unused drugs, the bill includes a directive for pharmaceutical companies to (i) operate a drug stewardship plan, (ii) enter into an agreement with a stewardship organization to operate a drug stewardship plan or (iii) enter into an agreement with the Department of Public Health to operate an alternative plan. 

Last fall, legislation proposed by Senator Dan Wolf (D-Harwich) established a program to require pharmaceutical companies to buy back prescription drugs already distributed but not used by patients, whether those pills are returned voluntarily or confiscated by law enforcement. The measure passed the Senate.

 “Pharmaceutical companies must join us all in fighting drug abuse, and the drug stewardship program an important way for them to do that,” said Senator Wolf.

The bill limits first-time opiate prescriptions to seven days for adults and all opiate prescriptions for minors to seven days, with exceptions for chronic pain management, cancer, and palliative care. Practitioners must now check the prescription monitoring program (PMP) each time they prescribe any opiate and correspondingly note that in the patient’s medical records.

From its discussions with numerous stakeholders and recovery groups, the Legislature recognizes the importance of empowering individuals as they grapple with addiction. As a result, this bill establishes a non-opiate directive form, allowing patients to include a notation in their records that they shall not be offered opiates. It also provides the option of a “partial fill” which allows patients, in consultation with their doctor, to request a lesser amount than indicated on the script; however, this language is permissive and pharmacists may use their discretion.

In an effort to build upon current prevention efforts, the legislation updates current law - which requires all public schools to have a policy regarding substance abuse education - by directing schools to report their plans to the Department of Elementary and Secondary Education (DESE).  DESE will then consult with the Department of Public Health (DPH) to provide recommendations that will assist schools and ensure they are providing effective and up-to-date education. Additional education materials will be provided to all student-athletes. 

Schools will annually be required to conduct a verbal substance abuse screening in two grade levels. These screenings are subject to appropriate ages and include an opt-out provision for students and parents. Additionally, school districts implementing alternative substance use screening policies may opt out of the verbal screening tool requirement.

To ensure that unused medications are safely collected and disposed of, this legislation requires manufacturers of controlled substances in Massachusetts to participate in either a drug stewardship program or an alternative plan as determined by DPH. 

Over the past few years, the Legislature’s efforts related to substance addiction have focused on behavioral health and the prevalence of co-occurring disorders. This legislation requires the Health Policy Commission to conduct a study on access to dual-diagnosis treatment in the Commonwealth for children, adolescents and adults. To help ensure parity between behavioral and physical health care, the legislation also requires insurance companies to report annually on their denied claims.

This bill also:

  • Requires that contact information for all insurers be posted on the bed-finder tool website and updates the law to ensure the site is available 24 hours a day;
  • Requires that patients being discharged from substance addiction receive information on all FDA-approved medication-assisted therapies;
  • Ensures civil-liability protection for individuals who administer Narcan;
  • Updates the training guidelines for all practitioners who prescribe controlled substances;

This legislation follows a 65.2% increase in substance addiction funding since FY12 and the landmark substance addiction law passed in 2014 which, for the first time, mandated detox and stabilization coverage. The two bills are intended to complement each other and reflect a consensus-driven approach.

The bill is now before the Governor for his consideration.