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Commonsense harm reduction strategy proven to encourage safer consumption behavior, save lives

BOSTON (1/4/2024)—Today, the Massachusetts Senate debated and unanimously passed An Act relative to fentanyl test strips—S.2543—legislation to help prevent overdoses and save lives by making legal the sale, possession, and distribution of fentanyl test strips, and other testing equipment used to identify fentanyl, in the Commonwealth.

If passed into law, the bill would add a potent tool to support drug users in knowing whether they are consuming fentanyl. Fentanyl test strips are a proven harm reduction strategy that have been shown to help drug users engage in less risky behavior, including by discarding drugs, reducing doses, using drugs more slowly, using drugs with someone else around, or keeping naloxone nearby.

“We know two things in Massachusetts as facts: opioids take far too many lives in our state, and fentanyl test strips save them,” said Senate President Karen E. Spilka (D-Ashland). “By voting to legalize fentanyl test strips, the Senate is taking a commonsense action step to save lives in our state—and we know it works. I’m grateful to Majority Leader Creem for taking the lead on this legislation, and to Chair Rodrigues and Chair Eldridge for their support in the committee process.”

“Legalizing the sale and distribution of fentanyl test strips is a commonsense harm reduction strategy that will save lives in Massachusetts,” said Senate Majority Leader Cynthia Stone Creem (D-Newton), lead sponsor of the bill. “As the fentanyl crisis has worsened across the country, a majority of states have already moved to legalize this lifesaving and cost-effective measure. It’s time for the Commonwealth to do the same. By passing this bill, we will empower police departments and community organizations to distribute fentanyl test strips and help prevent overdoses.”

“I’m pleased the Senate acted swiftly to pass this commonsense bill regarding fentanyl testing strips. It’s highly important to distinguish this testing equipment from the scourge of fentanyl drug abuse, and it will serve as another tool we have to combat this insidious epidemic,” said Senator Michael J. Rodrigues, (D-Westport) Chair of the Senate Committee on Ways and Means.

“I am proud to report out this bill from the Judiciary Committee. It represents a commonsense criminal justice reform that will better address substance use challenges,” said Senator James B. Eldridge (D-Acton), Senate Chair of the Judiciary Committee.

“At the most basic level, this bill expands access to a lifesaving tool at a time when our drug supply today is more contaminated than ever, We all know the old adage ‘you can’t treat someone who is dead.” said Senator John C. Velis, (D-Westfield) Senate Chair of the Joint Committee on Mental Health, Substance Use, and Recovery.

Fentanyl-related overdoses are far too frequent in Massachusetts. 2,323 people suffered from overdoses in Massachusetts between October 1, 2022, and September 30, 2023, and in the first three months of 2023, fentanyl was present in 93% of fatal overdoses. According to the most recent data from the Department of Public Health, opioid-related deaths rose 2.5% in 2022, with Black residents accounting for the largest increase.

In 2020, the Department of Public Health had success with a pilot program in which they collaborated with six police departments across the state to distribute fentanyl test strips. Though outcomes were positive, there was significant confusion over the legal status of fentanyl test strips and whether they could be classified as drug paraphernalia, which would make possession punishable by statute.

If passed into law, S.2543 would remove such a barrier to harm reduction by addressing any lingering concerns about criminal or civil liability by including a Good Samaritan provision that exempts from liability “any person who, in good faith provides, administers or utilizes fentanyl test strips or any testing equipment or devices solely used, intended for use, or designed to be used to determine whether a substance contains fentanyl or its analogues.”

The legislation brings Massachusetts into line with 36 states, plus the District of Columbia, that have legalized fentanyl test strips.

Having passed the Senate, the bill now heads to the Massachusetts House of Representatives for consideration.

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Legislation would help facilitate better interactions between people with autism and law enforcement officers

BOSTON (1/4/2024)—Today, the Massachusetts Senate unanimously passed An Act facilitating better interactions between police officers and persons with autism spectrum disorder—also known as the “Blue Envelope” bill—to improve communication during traffic stops involving a person with Autism Spectrum Disorder.

The bill would create a voluntary program that would make available blue envelopes that people with autism could carry with them while driving and hand over to a police officer in the event that they are pulled over. A driver could place their license, registration, and insurance cards inside the envelope, and the outside of the envelope would note that the driver has Autism Spectrum Disorder and provide guidance on best practices on how to interact with the individual.

The envelope’s guidance—which would be created by a coalition of advocates, Chiefs of Police, and the RMV—would help law enforcement officers to better understand the actions of individuals with autism, who are more likely to have increased sensitivities and communication challenges in stressful situations.

“In Massachusetts, we stand firmly in our belief that every person is entitled to equal treatment in their lives, regardless of their background or life experience. For our neuro-diverse friends and neighbors with Autism Spectrum Disorder, that means empowering each other to reach our full potential,” said Senate President Karen E. Spilka (D-Ashland). “Today’s action in the Senate would make a common-sense, meaningful, and positive change to how people with Autism Spectrum Disorder interact with members of our law enforcement community, bringing us closer to the ideals we strive for. I am grateful to Senator Comerford for bringing this bill to the floor, as well as Chair Rodrigues and Chair Crighton for their support in the committee process.”

“This legislation goes a long way towards increasing the communication, positive interaction, and trust between people with Autism Spectrum Disorder and our local police forces. It is also appropriate and consistent messaging to utilize the easily identifiable blue color for the envelope that contains the individual’s license, registration, and insurance information,” said Senator Michael J. Rodrigues, (D-Westport) Chair of the Senate Committee on Ways and Means.

“During our Joint Committee on Transportation hearing last summer, we heard an overwhelming amount of support for the blue envelope bill,” said Senator Brendan P. Crighton (D-Lynn), Senate Chair of the Joint Committee on Transportation. “Law enforcement agencies, community organizations, and parents of children with autism all agree that this simple change will lead to better communications and safer police interactions, for both officers and drivers. Thank you to Senator Comerford for her commitment to this issue and to Senate President Spilka for making it an early priority in the new year.”

“I am deeply grateful to Senate President Karen Spilka, Ways and Means Chair Michael Rodrigues, Transportation Chair Brendan Crighton and my colleagues for passing this important legislation,” said Senator Joanne M. Comerford (D-Northampton). “The Blue Envelope bill will make our Commonwealth a safer place for people who are neuro-diverse. It moves us closer to equal opportunity and access for people of all abilities.”

Many people with autism display no physical markers to alert others to their disability. Without adequate training, it is possible that law enforcement could misread the actions of an individual with autism. Every year, numerous people with Autism Spectrum Disorder suffer psychological trauma and physical injury as a result of such misunderstandings. Use of force can be significantly more psychologically harmful when directed at individuals with autism.

The bill has wide support from Autism Spectrum Disorder advocates and law enforcement organizations around the state.

“The Arc of Massachusetts and Advocates for Autism of Massachusetts (AFAM) are grateful to Senator Comerford, Senate President Spilka and Chairman Rodrigues for passing the Blue Envelope bill, a priority bill for our advocacy organizations,” said Maura Sullivan, Director of Government Affairs for The Arc of Massachusetts. “This bill will ease interactions between police and autistic drivers. We know these situations can escalate and become traumatic or even dangerous. The Arc and AFAM applaud the Senate for taking action to be inclusive of the needs of the drivers with autism in Massachusetts.”

“The Blue Envelope Bill would be a game changer for our family and for so many Massachusetts residents. Like many people with autism, my 25-year-old son Sam does not have any physical characteristics that indicate he has autism,” said Ilyse Levine-Kanji, an Executive Committee member of Advocates for Autism of Massachusetts (AFAM). “In a stressful situation, where split second decisions must be made, I’m relieved that a police officer could see a blue envelope in Sam’s car and immediately understand that any unusual behavior or speech pattern is a result of autism. Thus, this bill could dramatically decrease the possibility of a tragic misunderstanding. Advocates for Autism of Massachusetts is extremely grateful for Senator Comerford’s leadership in introducing and championing this common-sense initiative, and to the Senate for moving so quickly to pass the bill.”

During the bill’s hearing before the Transportation Committee, the Massachusetts State Police Association and a representative of the Massachusetts Chiefs of Police Association testified in favor of the bill.

“Massachusetts police officers conduct thousands of traffic stops each year. While most of these interactions are relatively ‘routine,’ officers do not know who they are interacting with before the traffic stop, so they proceed with caution,” said Tyrone Parham, Assistant Vice Chancellor and Chief of Police at the University of Massachusetts Amherst. “There are many potential communication conflicts with police officers during traffic stops and perspectives offered by those on the autism spectrum. The introduction of the blue envelope under stressful interactions will provide immediate information and context to the officer as they begin to communicate. Traffic stops are some of the most dangerous citizen interactions by police and this additional information gleaned by the Blue Envelope will be extremely helpful. I am extremely enthusiastic and grateful for the passing of this imperative legislation. Our Commonwealth drivers on the autism spectrum

will be able to quickly and confidently present the blue envelope the next time they are pulled over during a routine traffic stop. This will be instrumental to help bridge the communication gap for both motorists and police officers.”

Similar legislation has been adopted in other states, including Connecticut, and has been shown to reduce stress, facilitate better communication, and improve safety.

Having been passed by the Senate, the legislation now moves to the Massachusetts House of Representatives for consideration.

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Bill extends wheelchair warranties, requires faster repairs and replacements, bringing Massachusetts in line with neighboring states

BOSTON (1/4/2024)—Today, the Massachusetts Senate voted unanimously to strengthen consumer protections for wheelchair users.

An Act expanding wheelchair warranty protections for consumers with disabilities—S.2541—requires all wheelchairs to come with warranties, extends the minimum warranty period to two years, sets standards for wheelchair repairs and replacements, and eliminates the cumbersome prior authorization process for all wheelchair repairs under $1,000.

“Today the Senate took action to give individuals who use wheelchairs the protections they deserve,” said Senate President Karen E. Spilka (D-Ashland). “If a wheelchair breaks down, a user should be able to get it fixed and get back to their daily life as soon as possible, and the Commonwealth of Massachusetts should have every user’s back. I’m profoundly grateful to Senator Cronin for sponsoring this legislation, and to Chair Rodrigues for his support.”

“I’m delighted the Senate took the lead on this highly empowering legislation. Not only does this bill provide uniformity with neighboring states on wheelchair warranties, but it effectively expedites repair time and mandates a solid reimbursement safety net. It’s a big win for wheelchair users across the Commonwealth,” said Senator Michael J. Rodrigues, (D-Westport) Chair of the Senate Committee on Ways and Means.

“Wheelchair users in Massachusetts with broken chairs can wait weeks or months for repairs because the law today provides inadequate consumer protections in a consolidated, uncompetitive market,” said Senator John J. Cronin (D-Fitchburg), the legislation’s primary sponsor and Senate Chair of the Joint Committee on Consumer Protection and Professional Licensure. “This bill allows wheelchair users to regain their mobility, their independence, and their dignity by requiring timely repair service.”

The legislation requires all wheelchairs sold or leased in the Commonwealth to come with express warranties—a change from the current law, which only requires customized wheelchairs to come with express warranties. The legislation also extends express warranties for wheelchairs from one year to two years, bringing Massachusetts in line with states like Rhode Island and Connecticut. To alleviate wait times for repairs, the bill mandates that wheelchair service providers diagnose repair issues remotely within three business days following notice from a consumer and provide an in-person assessment no more than four business days after that.

If a wheelchair user cannot operate their in-warranty chair during the repair process, the bill mandates that manufacturers or dealers reimburse them for or provide a loaner wheelchair within four business days for most wheelchairs, or within eight business days for highly customized wheelchairs.

The bill also requires manufacturers and dealers to cover any collateral costs incurred during the repair process for in-warranty wheelchairs. For out-of-warranty wheelchairs, the legislation prohibits insurers for requiring consumers to go through a cumbersome prior authorization process for any repairs totaling less than $1,000. Finally, the bill allows the Attorney General’s office to take legal action against service providers who violate these provisions with unfair or deceptive business practices.

The legislation has received strong support from disability advocates across Massachusetts.

“S.2541 reflects an understanding of the challenges faced by wheelchair users and sets a new standard for consumer protection that will improve the quality of life for wheelchair users across the Commonwealth,” said Barbara L’Italien, Executive Director of the Disability Law Center. “We are grateful to Senate President Spilka, Senator Cronin, and the Massachusetts Senate for recognizing the profound impact this legislation will have on individuals with disabilities who utilize wheelchairs.”

“When a wheelchair, providing mobility so people can integrate into the community, too often breaks down, with waits as long as a year for repairs—we can fix cars and bikes in a day! —we have a serious problem,” Kay Schoucair, Senior Organizer, Boston Center for Independent Living (BCIL). “The time is overdue for manufacturers to simply stand behind their products. BCIL applauds the senate for pushing this much needed bill forward.”

A similar version of the legislation was passed by the Senate in 2022, however that legislation did not further advance in the Legislature.

Having been passed by the Senate, the legislation now heads to the Massachusetts House of Representatives for consideration.

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(The Republican- Pam Mastriano)- Local legislators presented a $200,000 check from the Commonwealth of Massachusetts to the Public Health Institute of Western Massachusetts (PHIWM) to support its 413Cares initiative, which connects people with the critical resources they need in an online portal. The event took place at PHIWM offices, 127 State Street in Springfield.

The check presentation was attended by State Senator Adam Gomez, State Representatives Michael Finn and Carlos Gonzalez, and an aide representing Senator John Velis, along with representatives from organizations partnering with the Public Health Institute on the 413Cares initiative.

“413Cares has truly modernized and expanded how residents access resources here in Western Massachusetts. Their easy-to-use and central location provides information about countless different programs – dramatically simplifying a once daunting task for those seeking help.” Shared Senator John C. Velos I am proud to have joined my colleagues to support this invaluable asset for our region in the FY24 Budget.” 

The funding was secured for 413Cares in the FY2024 state budget as the result of a legislative earmark, sponsored by Representative Finn and Senator Gomez. Funding was secured through the Department of Public Health.

Launched in 2019 by PHIWM with the support of Baystate Health, 413Cares.org is an online community resource database for Western Massachusetts. The platform has reached more than 100,000 searches and over 111,000 interactions with programs in the region. Top searches were for housing, food resources and health-related resources.

PHIWM has received funding from the Commonwealth in the past two legislative budgeting cycles to support 413Cares, which is managed by PHIWM. Resources from the State have been used to collect data during and after the pandemic and have also been utilized to improve and update the 413Cares.org website, and raise awareness of the resource in the region.

This year, the state resources are funding three new regional partners to provide outreach, promotion and support of the platform: Berkshire Regional Planning Commission, Quaboag Hills Community Coalition, and the Hilltown Community Health Center. This is in addition to existing regional partner Community Action Pioneer Valley, funded by Baystate Health.

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(WWLP- Ellen Fleming) A birthday celebration of sorts was held at the State House Wednesday. Memorial Hall was packed for the 387th anniversary of the country’s first National Guard regiment.

On this day in 1636, the first militia regiments in North America formed in the Commonwealth. The militia was organized into regiments, three which became the Massachusetts Army National Guard. The Guard has fought in all of the nation’s major wars, and currently fights in Iraq and Afghanistan. The guard also has boots on the ground in Massachusetts currently assisting with the migrant crisis.

State Senator John Velis of Westfield, a Major in the National Guard, was acknowledged by Governor Maura Healey during the ceremony for his work with those in emergency shelters.

“Just look what they do, right? Civil unrest, helping out, giving people shots. I mean, driving busses, currently the migrant stuff. Just a lot of different things, that’s in addition to going to war, so really happy to be proud of it, it’s where I’m from, I love this state. Now to be apart of the National Guard, it’s moving,” said Senator Velis.

The Governor and Commander in Chief of the National Guard spoke Wednesday on the importance of the work they do everyday serving our country.

“We call upon you, this country calls upon you, this state calls upon you, and we need you, to do so many things, and you always rise to the challenge,” said Governor Healey.

The event ended with Major General Gary W. Keefe, alongside the youngest and oldest serving National Guard member cutting a birthday cake with a ceremonial sword.

Awards were also given out, and Colonel David Halaski-Kun was honored for saving a woman’s life on the Mass Pike in Chicopee. Colonel Halaski-Kun is the Wing Commander of the 104th Fighter Wing at Barnes Air National Guard Base in Westfield.