HOUSE DOCKET, NO. 605        FILED ON: 1/13/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2012

The Commonwealth of Massachusetts

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PRESENTED BY:

Ronald Mariano

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to defining surgery.

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PETITION OF:

HOUSE DOCKET, NO. 605        FILED ON: 1/13/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2012

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2031 OF 2013-2014.]

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to defining surgery.

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. Chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting the following new section:-

Section 6A:  The Board shall have the authority to define the practice of surgery; provided further, that surgery is limited to physicians licensed by the Board of Registration in medicine.  For the purposes of this chapter “surgery” shall be defined as structurally altering the human body by the incision or destruction or cutting of tissues and is part of the practice of medicine. Surgery also is the diagnostic or therapeutic treatment of conditions or disease processes by any instruments causing localized alteration or transposition of live human tissue which include lasers, ultrasound, ionizing radiation, scalpels, probes, and needles. The tissue can be cut, burned, vaporized, frozen, sutured, probed, or manipulated by closed reductions for major dislocations or fractures, or otherwise altered by mechanical, thermal, light-based, electromagnetic, or chemical means. Injection of diagnostic or therapeutic substances into body cavities, internal organs, joints, sensory organs, and the central nervous system also is considered to be surgery (this does not include the administration by nursing personnel of some injections, subcutaneous, intramuscular, and intravenous, when ordered by a physician). All of these surgical procedures are invasive, including those that are performed with lasers, and the risks of any surgical procedure are not eliminated by using a light knife 1 e or laser in place of a metal knife, or scalpel.   

SECTION 2. Nothing in this act shall be construed to restrict, limit or expand the current scope of practice authorized under Chapter 112 and in effect upon passage of this act, of any profession licensed under Chapter 112.