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.
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