MA Senate Moves To Fund Drink-Spiking Test Kits And Awareness Campaign

MASSACHUSETTS — As concerns about drink spiking in Boston and across the state remain prevalent, hopeful news emerged Wednesday evening: the Senate voted to move forward with an amendment that would bring bulk drink-spiking test kits to local venues, the senator's office confirmed to Patch Wednesday evening.

The amendment, which has been attached to the state budget, aims to address the prevalence of drink-spiking incidents throughout the state by allocating $300,000 to the Department of Public Health Division of Sexual and Domestic Violence Prevention and Services. The funding would facilitate the bulk purchase of drink-spiking test kits which would be distributed to bars, restaurants, and clubs across the state, officials said.

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In addition, the department would be required to issue a report on its findings relative to drink spiking prevention by December 29, and to develop and launch a public awareness campaign to inform the public about the prevalence and danger of involuntary drink spiking.

Speaking at the Senate Wednesday, Feeney emphasized how drug-testing kits could be a gateway to justice for those who have been drugged against their will, especially since drink-spiking is so often a crime followed by another crime like burglary, rape, assault, or murder. In these cases, a positive drug test might be the only solid evidence that a victim can provide.

Feeney told the story of a constituent who was denied testing at a Boston hospital after she was drugged at a house party because she was not reporting a rape or sexual assault. The vignette is a familiar one for many: plenty of hospitals have this policy, leaving victims to sober up and try to forget about what happened.

“They shouldn’t have to play hospital roulette and guess which provider is going to test them for being involuntarily drugged at a nightclub,” Feeney said, later adding that "Massachusetts has allowed a patchwork response to this and we have not caught up as a commonwealth to what’s actually happening out there."

In an email to Patch earlier this month, Dr. Peter R. Chai of Brigham and Women’s Hospital's Division of Medical Toxicology told Patch that a specific drug-testing protocol — a Massachusetts Sexual Assault Nurse Examiner Program Comprehensive Toxicology Screening — is best in cases when people are concerned they were sexually assaulted while drugged or they want to pursue legal action. This is because testing is carefully regulated by the state with a clear chain of custody that allows results to be admissible in court.

Those who believe they have been drugged have to act fast: testing guidelines state that the drug that might have facilitated a sexual assault must have been ingested within 96 hours of a visit to the emergency department. Blood samples are only collected for assaults within 24 hours, while urine samples are collected for up to 96 hours after an assault.

As it stands, Boston hospital officials say that drink-spiking cases might be underreported due to a lack of testing.

"Testing for specific drugs like Rohypnol or flunitrazepam —the 'date rape drugs' — is specialized and requires samples, usually urine, be sent out to a specialty lab," Chai told Patch. "We don’t do this much because these results take days to come back and are difficult to interpret."

In a notice shared last month, the Boston Police Department reminded community members of scentless, colorless, and tasteless drugs like Rohypnol, also known as roofies, being placed in the drinks of unsuspecting victims.

Other drugs commonly used in a similar fashion are gamma-hydroxybutyric acid or ketamine, the department reported.

"Please be aware of any uncharacteristic behavior from your acquaintances and be wary of strangers attempting to lure individuals away from their friends," the department said. "Also, should you observe any individual who appears to be in distress, wandering alone late at night, or dressed unsuitably for the weather, be sure to contact the police immediately."