SENATE DOCKET, NO. 1314        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 370

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Mark C. Montigny

_________________

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 to ensure resident safety within assisted living facilities.

_______________

PETITION OF:

SENATE DOCKET, NO. 1314        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 370

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 355 OF 2017-2018.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act to ensure resident safety within assisted living facilities.

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

SECTION1.  Chapter 19D of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 18 the following section:-

Section 19.  (a) Each assisted living residence shall ensure twenty-four hour per day coverage of at least one on-site AED provider, as defined by section 12V½ of chapter 112.  Each assisted living residence shall ensure that at least one automated external defibrillator is readily available on site.  The department shall not issue certification to any assisted living residence in violation of this section.

(b) Each assisted living residence shall not prohibit a staff person trained in the proper administration of cardiopulmonary resuscitation or use of an automated external defibrillator, in accordance with the definition of “AED provider” in section 12V½ of chapter 112, from administering such emergency assistance to a resident who does not have a documented or clearly visible do not resuscitate order.  An assisted living residence may require documentation of proper training from such staff person before such person is permitted to render emergency care in the facility.  An assisted living residence may prohibit a staff person not adequately trained in the proper administration of cardiopulmonary resuscitation or use of an automated external defibrillator from administering such emergency assistance to a resident.  Such facility shall not retaliate against any trained staff person for rendering emergency assistance, including but not limited to, threatened suspension, demotion or loss of employment.