HOUSE DOCKET, NO. 1601        FILED ON: 2/10/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2305

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Jessica Ann Giannino, (BY REQUEST)

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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 liability for optometrists and ophthalmologists for the negligent dilation of the pupils of a patient.

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PETITION OF:

 

Name:

District/Address:

Date Added:

Donna Nugent

120 Conant Street, Revere MA 02151

2/10/2021


HOUSE DOCKET, NO. 1601        FILED ON: 2/10/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2305

By Ms. Giannino of Revere (by request), a petition (accompanied by bill, House, No. 2305) of Donna Nugent relative to liability for optometrists and ophthalmologists.  Public Health.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to liability for optometrists and ophthalmologists for the negligent dilation of the pupils of a patient.

 

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 is hereby amended by inserting after section 12GG, as appearing in the 2018 Official Edition, the following section:-

Section 12HH. No ophthalmologist shall dilate the pupils of a patient if that ophthalmologist knows or has reason to know that the patient will operate a motor vehicle within the next 6 hours.

In any action for personal injuries, property damage or consequential damages caused by or arising out of the negligent dilation of the pupils of a patient by said ophthalmologist, no such patient who causes injuries to himself or herself, may maintain an action against the said ophthalmologist in the absence of willful, wanton or reckless conduct on the part of the ophthalmologist.

SECTION 2. Said chapter 112 is hereby further amended by inserting after section 66B, as so appearing, the following section:-

Section 66C. No registered optometrist, qualified by examination for practice pursuant to section 68, duly certified in accordance with the provisions of section 68B shall dilate the pupils of a patient if that optometrist knows or has reason to know that the patient will operate a motor vehicle within the next 6 hours.

In any action for personal injuries, property damage or consequential damages caused by or arising out of the negligent dilation of the pupils of a patient by said optometrist, no such patient who causes injuries to himself or herself, may maintain an action against the said optometrist in the absence of willful, wanton or reckless conduct on the part of the optometrist.