(Boston–1/17/2024) On January 4th, the Massachusetts Senate passed three separate pieces of legislation relating to strengthening consumer protections for wheelchair users, legalizing the sale, possession, and distribution of fentanyl test strips, and improving traffic stop communication between law enforcement and individual with Autism Spectrum Disorder. Senator Feeney was proud to vote in favor of all three bills.  

An Act expanding wheelchair warranty protections for consumers with disabilities 

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.   

“Wheelchairs are a critical lifeline for people with disabilities who rely on their specialized equipment for many aspects of everyday life such as commuting to work, playing with their kids, and getting around the house. Wheelchairs are often viewed by the individual as an extension of themselves and should be considered as such when it comes to their repair, warranty and replacement standards. Thank you to the constituents who have reached out to share their experiences and frustrations with getting the wheelchair support they need and deserve,” said Senator Paul Feeney.    

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. 

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.  

An Act relative to fentanyl test strips  

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.    

“When it comes to preventing overdose deaths in the Commonwealth, I believe we should be doing everything in our power to save the lives of those caught in the grips of addiction. Legalizing the sale and possession of Fentanyl testing equipment eliminates any grey area on the legality of test strip possession and adds an additional tool in our toolbox that is proven to prevent fentanyl overdose, reduce the risk of death and encourage safer outcomes all around,” said Senator Feeney.  

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. 

“An Act facilitating better interactions between police officers and persons with autism spectrum disorder” 

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. 

“The Blue Envelope Bill offers a common-sense solution to improving communication between law enforcement officials and individuals with Autism Spectrum Disorder. The bill addresses the unique needs of certain neuro-divergent individuals, not only by providing them the tools they need to feel safe and understood, but also to inform law enforcement on the other end of the conversation to support more positive interactions,” said Senator Feeney (D-Foxborough).  

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.  

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.   

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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