Senate making late push for overdose prevention centers

The Massachusetts State House in Boston

The Massachusetts State House in Boston

By ALISON KUZNITZ

State House News Service

Published: 07-29-2024 4:05 PM

Massachusetts cities and towns would be authorized to open overdose prevention centers, under a bill the Senate plans to take up on Tuesday.

The legislation’s supporters say the sites could be a powerful way to crack down on the devastating impacts of the opioid epidemic, which has claimed the lives of more than 2,000 Bay Staters each year since 2016.

The Senate Ways and Means Committee’s embrace of the sites differs from the House, which did not create a pathway for the facilities, also known as safe injection sites, in a substance use addiction and disorder bill (H 4758) approved in June. Trained health care workers at the sites, which were endorsed by the Department of Public Health in December, could intervene and prevent fatal overdoses as people use illicit substances.

The committee was advancing its version of the bill Monday morning, ahead of Tuesday’s debate.

“I think from a Senate perspective, we need an approach that meets the urgency of the crisis and that includes utilizing and deploying every evidenced-based harm reduction tool available, including overdose prevention centers,” Sen. Julian Cyr, co-chair of the Public Health Committee, told the News Service. “I think a majority of senators support these harm reduction tools, which is why the Senate bill is including these provisions. We’re going to try our best to come to common ground and reconcile these differences with our House colleagues before the end of formal sessions.”

At the centers, people struggling with substance use disorder can be connected to mental health and addiction treatment services, among other resources, Cyr said.

Two overdose prevention centers are operating in New York City, but they are technically illegal under federal law, a circumstance that’s stymied the controversial proposal from advancing on Beacon Hill for years. Former U.S. Attorney Andrew Lelling previously suggested that opening centers in Massachusetts would trigger federal prosecution.

Beyond overdose prevention centers, the Senate bill empowers municipalities to run other harm reduction programs, including needle exchange programs and drug testing services. The proposal offers limited liability protections for program administrators and participants.

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Cyr emphasized that municipalities are not required to operate overdose prevention centers, though the bill empowers communities like Somerville, Cambridge, Worcester and Northampton to move forward with their plans while gaining legal protections.

DPH Commissioner Dr. Robbie Goldstein previously stressed the importance of ensuring legal liability protections for providers, people using the overdose prevention services and other stakeholders, including landlords.

Overdose prevention centers and other initiatives that offer opioid reversal services must be approved by a local board of health, and then by a board of selectmen or city council, under the Senate bill.

After Tuesday’s session, Senate and House negotiators will have one day remaining of formal lawmaking to hash out differences in their substance use bills before formal sessions end for the year.

“Everyone knows that it’s brat summer,” Cyr said when asked how the compressed timeline would affect the compromise bill. “Sometimes, that means a little bit of a messy process, but we’re going to work hard to ensure that we have final legislation that meets the moment on the substance use epidemic and a myriad of other challenges facing the commonwealth.”

Massachusetts logged 2,125 confirmed and estimated opioid-related overdoses last year, marking a 10% decline compared to 2022. Goldstein previously attributed the decline to the state’s distribution of naloxone, syringe service programs, an overdose prevention hotline and a drug checking program that allows officials to monitor the lethality of the drug supply here.

Goldstein warned the opioid crisis is still disproportionately affecting people of color.

Like the House bill, the Senate version establishes a licensing process for alcohol and drug counselors and recovery coaches through DPH. The Senate bill also requires insurance plans to cover opioid overdose reversal drugs like naloxone without cost-sharing or prior authorization.

Pharmacies in areas with a “high incidence” of overdoses would need to maintain a “continuous” supply of the reversal drugs, and substance use disorder treatment facilities would be required to dispense at least two doses before discharging patients, according to a bill summary. Hospitals would be directed to prescribe or dispense at least two doses of reversal drugs when discharging patients who have a history of opioid use or opioid use disorder.

DPH under the Senate bill would also need to study sober homes and offer recommendations for improving staff training, as well as bolstering safety and oversight of the facilities.