§ 25J1/2 — Intervention prior to discharge from acute-care hospital or satellite emergency facility to reduce risk of subsequent harm and fatality following opioid-related overdose

Section 25J1/2. An acute-care hospital, as defined in section 25B, that provides emergency services in an emergency department and a satellite emergency facility, as defined in section 511/2, shall maintain, as part of its emergency services, protocols and capacity to provide appropriate, evidence-based interventions prior to discharge that reduce the risk of subsequent harm and fatality following an opioid-related overdose including, but not limited to, institutional protocols and capacity to possess, dispense, administer and prescribe opioid agonist treatment, including partial agonist treatment, and offer such treatment to patients who present in an acute-care hospital emergency department or a satellite emergency facility for care and treatment of an opioid-related overdose; provided, however, that such treatment shall occur when it is recommended by the treating healthcare provider and is voluntarily agreed to by the patient. An acute-care hospital that provides emergency services in an emergency department, and a satellite emergency facility, shall demonstrate compliance with applicable training and waiver requirements established by the federal drug enforcement agency and the substance abuse and mental health services administration relative to prescribing opioid agonist treatment. Prior to discharge, any patient who is administered or prescribed an opioid agonist treatment in an acute care hospital emergency department or satellite emergency facility shall be directly connected to an appropriate provider or treatment site to voluntarily continue said treatment.[ Paragraph inserted following first paragraph by 2024, 285, Sec. 8 effective July 1, 2025. See 285, Sec. 48.]Upon discharge of a patient from an acute care hospital, a satellite emergency facility or a freestanding psychiatric hospital who has: (i) a history of or is actively using opioids; (ii) been diagnosed with opioid use disorder; or (iii) experienced an opioid-related overdose, the acute care hospital, satellite emergency facility or freestanding psychiatric hospital shall educate the patient on the use of opioid antagonists, as defined in section 19B of chapter 94C, and prescribe or dispense not less than 2 doses of an opioid antagonist to the patient or a legal guardian of the patient.The department may issue regulations pursuant to this section.