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Section 35

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Petition by Alberta and Al Sequeira
We believe that the substance abuse patient should have the “right to privacy,” but as the law stands now, it can actually be detrimental to their health and well being. Our intent is not so much to change the Patient Privacy Act, as to modify it, especially where it not only pertains to alcohol abuse patients, but also in the case of drug abusers and the mental health patients.
Families of patients are prevented from obtaining access to information that may help them to aid in the recovery of the patient when a physician determines that the patient may be in a life-threatening situation because of their addiction.
UPDATE: Al and I met December 18, 2013 with Senator Michael Rodrigues to start the process of helping the law make some changes in the Patient Privacy Act.  Please go to this location below and sign the petition to help and give a voice to the addicted.
UPDATE:  Here is a new release as of January 16, 2014 with a modification that may come!

FOR IMMEDIATE RELEASE                                                                  Contact:              Laura Oggeri

January 16, 2014                                                                                                         617-722-1500

Senate to Appoint Special Committee on Section 35

 BOSTON – In response to rising levels of drug addiction, the Senate on Thursday will pass an order to create a special committee to study the application of Section 35 and drug addiction treatment options in the Commonwealth.

 According to Trust for America’s Health, the number of drug overdose deaths in Massachusetts has increased by 47 percent since 1999.

“Addiction is a very serious and often fatal problem that affects families in every community from every socio-economic background,” Senate President Therese Murray said. “Sadly, Section 35 often serves as a revolving door for drug addicts with many falling back to their old ways because meaningful treatment has not been available. We need to take a look at what treatment options are available in all regions of the state, if there is a need for change and how we fill that need. The costs of drug addiction are high, both to families and the economy, and we have experienced a significant impact on public safety. This special committee has been tasked with bringing together experts from every side of this issue to look at the big picture of drug abuse and I look forward to their recommendations.”

The special committee will be chaired by Senator Jennifer L. Flanagan. Other assigned members include Senate Chair of the Joint Committee of the Judiciary William N. Brownsberger, Senate Chair of the Joint Committee on Municipalities and Regional Government Linda Dorcena Forry, Senate Chair of the Joint Committee on Public Health John F. Keenan, Senate Chair of the Joint Committee on Mental Health and Substance Abuse Joan B. Lovely and Ranking Member on the Senate Committee on Ways and Means Senator Richard J. Ross.

Section 35 of Chapter 123 of the General Laws allows the courts to commit an individual whose alcohol or drug addiction puts themselves or others at risk to inpatient substance abuse treatment for a period of up to 90 days. If no beds are available at a licensed treatment facility, men are sent to the correctional facility at Bridgewater and women are sent to the correctional facility in Framingham. The Women’s Addiction Treatment Center in New Bedford and the Men’s Addiction Treatment Center in Brockton also provide treatment for individuals committed under Section 35.

Alberta Sequeira

Did you find this helpful? Contact me: alberta.sequeira@gmail.com

 

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