The state of Massachusetts will soon determine just how effect such a program can be as a new detection system has been approved. According to a recent Boston Globe report, a physician anywhere in the state will soon be able to easily identify those patients who engage in doctor shopping activities.

Regulators with the Public Health Council have approved a new detection system that could help to address a problem affecting at least 9,000 Massachusetts residents suspected of doctor shopping every year. The online database will show previous prescriptions filled by patients for powerful painkillers.

Physicians will also be able to use the database to better determine which patients truly need help and which ones are simply craving another hit. A successful system will ensure those truly in pain can receive the help they need.

This focus is an important one in Massachusetts as the state experienced a dramatic increase in the number of substance abuse deaths in the past 10 years. While some of the more than 600 deaths can be attributed to those injecting heroin and other street narcotics, the rise has also been driven by prescription medications.
A previous prescription monitoring program was put in place in the state in 1992, but covered only one category of drugs, including OxyCotin, Percocet and morphine. This system does not provide direct access for health providers.

With the expanded system, physicians are expected to have access and pharmacists have to alert state officials when they fill a prescription for a broad range of medications. The changes are expected to make an impact on the state. The success or failure of the system can provide keen insight for other states considering such a program.
Violators could face substantial fines and other penalties, Bonner said.
The state is spending about $1 million to strengthen prescription monitoring and will commit $400,000 annually to maintain the initiative. Health authorities said they expect the state’s health insurance program for the poor will save $2 million a year by spotting abusers.
“You look at these people, and you see their faces and you hear their stories, and it’s very compelling,’’ Bonner said. “And the million dollars it has cost to get this program up and running is a drop in the bucket compared to the devastation that has been caused.’’
 

Driving Under the Influence of Alcohol in Massachusetts

While there is no formal DUI court in Massachusetts, thirteen thousand Massachusetts drivers are convicted of driving under the influence of alcohol each year in Massachusetts criminal courts. One of the most recent cases was that of a Beverly man who pleaded guilty in Salem court to his fifth DUI offense. The driver had accumulated the offenses over a period of thirty years. His most recent conviction, for driving at three times the legal limit, earned him a sentence of three and a half years in prison and the loss of his license for the rest of his life.

Over the past 20 years, Massachusetts has had to modify its drunk driving laws to institute progressively stricter penalties for driving under the influence. As the number of alcohol-involved traffic stops has risen so has the number of criminal defendants who appear before Massachusetts judges. Each person convicted of driving under the influence of alcohol must be assessed for alcohol abuse and substance abuse prior to sentencing. The judge may take the assessment results into consideration when handing down a sentence.

Like most states, Massachusetts punishes DUI offenders according to their blood alcohol content at the time of arrest, severity of harm to individuals and property, and number of prior offenses. Massachusetts is among the few states to offer first-time DUI offenders the chance to have the charges dismissed upon successful completion of a alcohol treatment program by an accredited Massachusetts drug treatment provider. The program is open to those drivers with no prior criminal record and they must serve one year of probation. Those first-offenders who do not qualify for the program face two years of probation, a driver alcohol education program and, if necessary, a substance abuse treatment program.

While first time offenders are given the benefit of the doubt as to their level alcohol addiction, Massachusetts seems to treat second time DUI offenders as alcoholics given that a two-week inpatient alcohol treatment program is often mandated as part of the sentence, in addition to fines and other criminal sanctions.

The Correctional Recovery Academy for Massachusetts Alcoholics and Drug Addict

By the third DUI offense, the driver is likely to be sentenced to some jail time (a maximum of five years). Certain alcoholics can serve the sentence at a Massachusetts Department of Corrections facility that offers an alcohol treatment program, such as the Correctional Recovery Academy. The program targets substance abuse and relapse prevention and consists of a six-month residential component where the alcoholics live together in a common unit and work on cognitive behavioral therapy techniques to combat their addiction(s). While there, the alcohol abusers are forced to recognize their substance abuse issues, create a treatment plan, learn relapse prevention skills, learn to cope with urges and cravings for alcohol, and create a recovery plan. The residential program is followed by an eight week maintenance program, and then a period of reintegration planning where plans are made for housing, employment and substance abuse treatment after release.

Millie Anne Cavanaugh is an attorney licensed to practice law in California & Massachusetts and is a former insurance defense lawyer. The information contained herein is provided for informational purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.

Both Ted and Joan have have struggled to stay sober over the years. Their son, Patrick Kennedy, also suffers from substance abuse issues. He has previously admitted to being addicted to prescription drugs, and sought treatment for cocaine addiction when he was a teenager. Just this year he announced that he would enter alcohol rehab for yet another round of substance abuse treatment.

The addiction saga of the Kennedy family is just one example of how drugs and alcohol affect the lives of those living in Massachusetts. A recent Substance Abuse and Mental Health Services Administration (SAMHSA) study found that Massachusetts is among the top ten states for both illicit drug use (marijuana, cocaine, crack, heroin, hallucinogens, prescription drugs) and binge alcohol drinking (five or more drinks on one day in a month). It is estimated that 10% of Massachusetts residents use illicit drugs and 25% binge drink. Given the gravity of the substance abuse problem in Massachusetts, the state’s Department of Health funds a treatment hot-line which focuses on finding treatment options for Massachusetts alcoholics and drug addicts (helpline-online.com).

Drug Abuse Treatment in Massachusetts

Given the increase of drug-addiction related crime in recent years, those who work in the criminal justice system have recognized that incarceration does not help prevent recidivism among drug abusers; many drug addicts commit crime simply to support their habit. Instead of sending an addict to jail, some states have passed diversion laws which allow judges to send a non-violent drug addict to rehab instead. Massachusetts residents have been particularly susceptible to heroin addiction, especially in the inner city. Although Massachusetts has not yet passed a comprehensive drug diversion law, certain judicial officers have embraced the treatment-over-incarceration model and have developed a system of drug courts in Massachusetts. In 2007, Massachusetts representatives proposed HB 1613, a law that would establish and fund a formal drug court system in the state. However, this bill has not yet been approved by lawmakers.

Judge Robert Ziemian is the father of the Massachusetts drug court model. The model is based on the presumption that drug addicted criminals who are threatened with sanctions for treatment failure will stay clean longer than those who enter traditional substance abuse treatment programs. Ziemian traveled to Miami to observe a Florida drug court and was impressed enough with the results that he implemented a version in Massachusetts. As of 2005, there were approximately 20 drug courts, serving both adult and juvenile addicts, operating in Massachusetts with approximately 1200 current enrollees.

The Massachusetts drug court model is a collaboration between judges, clerks, probation officers, lawyers, treatment providers, public health officials and social workers and uses the “carrot-and-stick” approach to changing behavior. Criminal drug addicts commit to substance abuse treatment and intense judicial supervision in order to stay out of jail. In this model, probation officers play a large role by finding substance abuse treatment slots for the drug addict and helping the addict through treatment. Because the Massachusetts state legislature has never specifically funded the drug court program, courts generally add the drug cases to their regular dockets and use already-existing resources to manage the cases.

The Massachusetts drug court program is open to non-violent convicted drug offenders. Instead of being sentenced to prison, the drug addict is subject to probation and treatment for up to two years. Successful completion of the program may result in the drug charges being dismissed. Each participant begins the program in detox, moves to residential substance abuse treatment, and then attends outpatient relapse prevention classes. Participants attend regular, open, court sessions where there cases are discussed in front of other participants. Case management conferences among drug court personnel can happen either privately or in open court, depending on the rules of the particular presiding judge.

Drug Abuse Treatment for Federal Drug Addicts in Boston

In 2006, federal probation officers in Boston began a truly revolutionary program aimed at treating those addicted to crack, heroin, marijuana, and other drugs who have served time in the federal prison system. This Court Assisted Recover Effort (CARE) is a voluntary program for Massachusetts addicts consisting of a minimum of 52 weeks of case management sessions where the drug abuser’s treatment progress and job search are discussed in open court. Successful completion of the 52 week program can reduce the term of supervised release by one year. Participants meet at least twice a week for addiction treatment and drug testing. Violations are punished immediately in order to encourage changes in addiction behavior.

Marijuana Use in Massachusetts

While Massachusetts officials see the use of illicit drugs such as heroin, cocaine, and prescription drugs as a major public health crisis, the voters in Massachusetts recently decided that marijuana possession and use is a decidedly less serious problem.

Passed in November 2008 by a whopping 65% of voters, the Massachusetts marijuana (pot) decriminalization law went into effect in early 2009 and deems possession of one ounce or less of marijuana to be a civil violation, rather than a crime. Those caught with this small amount of pot are issued a civil ticket and must pay a $100 fine. Although 12 other states have similar laws, the Massachusetts marijuana decriminalization statute is the first passed since the 1970′s, perhaps signaling a shift in public perception toward pot use as a less serious issue than other forms of illegal drug abuse.

See Part II: Massachusetts (MA) Alcohol Addiction: judicial attitudes toward alcoholics

Millie Anne Cavanaugh is an attorney licensed to practice law in California & Massachusetts and is a former insurance defense lawyer. The information contained herein is provided for informational purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.