The Massachusetts Medical Society wishes to be recorded in
strong opposition to H.2435, An Act relative to drug overdose deaths.
H. 2435 would require physicians to report cases of persons
suspected of “suspected of dying from injuries resulting from opiate, illegal
or illicit drug overdose” to both state and local police.
The Medical Society strongly supports the collection and
analysis of robust data on opioid overdose mortality, but provisions to support
such data collection are already in place under the existing law. The law that
this bill seeks to amend already contains a provision requiring healthcare
institutions to report “cases of examination or treatment of a person with
injuries resulting from opiate, illegal or illicit drug overdose” to the
Department of Public Health, in a manner compliant with federal laws. If
passed, this legislation would therefore create a redundant and
administratively onerous requirement on the already overburdened physicians who
care for this vulnerable and underserved patient population.
Furthermore, this legislation would require the reporting of
opioid deaths to both state and local police, thereby perpetuating the
stigmatization of the opioid epidemic. Opioid use disorder is a chronic
relapsing disease, and death from that disease ought not to be criminalized.
These data therefore ought to be reported to directly to the Department of
Public Health, not to state or local police, per the Massachusetts laws already
in place at present.
The Medical Society continues to work with the legislature
and with fellow stakeholders to combat the opioid epidemic through
evidence-based legislation and policy.
