Legislation Strengthens Fentanyl Testing Access, Updates Nicky’s Law, and Aligns Rental Insurance Rules
(BOSTON—9/18/2025) Today, the Massachusetts Senate approved three bills aimed at combatting the opioid epidemic, protecting people with intellectual and developmental disabilities, and managing car rental costs for residents. Senator Cindy F. Friedman (D-Arlington), voted in support of all three measures.
The approved legislation expands protections for individuals using testing equipment to protect against fentanyl, updates an existing protection law to close an unintended gap for day habilitation participants, and changes car rental insurance requirements to reduce costs for Massachusetts residents.
“Despite challenging times like these, we shouldn’t narrow our focus to only big-ticket items and miss opportunities to make meaningful improvements to our Commonwealth,” said Senator Friedman, Chair of the Senate Committee on Steering and Policy. “I think it’s important to state: the Massachusetts Senate will work to pass any bill, big or small, that strengthens protections for our residents. I thank my colleagues for their leadership on these issues, and I hope to see these bills finally advance to the Governor’s desk this session.”
Protecting People Using Fentanyl Testing Equipment
An Act relative to fentanyl test strips, S.1057, is intended to reduce the tragic toll of overdoses and make life-saving tools accessible to those who need them most. It explicitly exempts fentanyl testing equipment from the list of prohibited drug paraphernalia and expands liability protections to anyone who provides, administers, or uses the tests, including first responders.
The legislation builds upon a 2024 law that provided criminal and civil liability protections for those in the harm reduction community who provide or use fentanyl test strips in good faith. According to the Department of Public Health, nearly 400,000 fentanyl test strips were distributed in 2024, and fentanyl was present in 88.6% of opioid-related overdose deaths that year. This legislation would expand the liability protections beyond those just in the harm reduction community and ensure police officers who seek to distribute the tests or others acting in good faith are afforded legal protection. A fact sheet with full details of the legislation is available online.
Protecting Day Habilitation Residents
An Act to update Nicky’s Law, S.165, strengthens protections for people with intellectual or developmental disabilities who participate in MassHealth contracted day habilitation programs and ensures that participants in day habilitation programs are afforded the same safeguards from abuse as individuals in other care settings.
The legislation would ensure that the existing statewide registry that prevents individuals with substantiated abuse allegations from being hired in care positions would include day habilitation programs contracted by MassHealth. A fact sheet with full details of the legislation is available online.
Promoting Affordable Car Rentals
An Act relative to affordable car rentals, S.2367, aligns Massachusetts with the majority of other states by updating car rental insurance requirements to maintain liability coverage on a secondary basis, making rental companies responsible only if the renter is uninsured or underinsured.
By shifting primary liability to the renter’s personal auto insurance, the legislation helps make car rentals more affordable and accessible for Massachusetts residents, reducing costs while maintaining necessary protections. A fact sheet with full details of the legislation is available online.
Votes taken by committee to advance the bills to the floor are available publicly on the respective bills’ webpages, along with summaries of the legislation. A recording of the Senate’s livestreamed debate and votes on the legislation can be found archived on the public website.
Having been approved by the Senate, all three bills now advance to the House of Representatives for consideration.
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