SENATE DOCKET, NO. 40        FILED ON: 1/10/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 906

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act to assure safe humane care of day surgery patients..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 70E of Chapter 111 of the General Laws is hereby amended by inserting after paragraph (n) the following paragraph: - (o) if receiving day surgery services, to remain in the facility until its licensed, professional staff determines (1) that the patient is able and disposed to leave and can be safely discharged and accompanied home by an adult person, (2) that the patient’s home or domicile provides a healthy, supportive environment for rendering post-surgical care, (3) that the patient has received verbal and written instructions for such post-surgical care by a licensed, professional member of the facility’s staff including the names and telephone numbers of staff who can be contacted regarding questions concerning such post-surgical care, (4) that the patient confirms verbally and in writing that he or she has sufficiently recovered from the effects of sedation so that the instructions are understood and the patient is able and willing to carry out such instructions, (5) that the facility’s staff will arrange for such home health, personal care, homemaker, meals on wheels and other community services which may be necessary to assist the patient at home during the post-surgery recovery period, and (6) that the facility agrees to promptly readmit the patient if pain, bleeding, or other significant symptoms occur, or if the patient is unable to manage the post-surgical care at home.