SENATE DOCKET, NO. 1356        FILED ON: 2/16/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1544

The Commonwealth of Massachusetts

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PRESENTED BY:

William N. Brownsberger

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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 medical civil rights.

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PETITION OF:

SENATE DOCKET, NO. 1356        FILED ON: 2/16/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1544

The Commonwealth of Massachusetts

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

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An Act relative to medical civil rights.

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 276 is hereby amended by adding the following new section:-

Section 33 ½.

(a)Definitions:

1.“Emergency medical condition” a medical condition, whether physical, behavioral, related to a substance use disorder or mental, manifesting itself by symptoms of sufficient severity, including severe pain, that the absence of prompt medical attention could reasonably be expected by a prudent layperson who possesses an average knowledge of health and medicine to result in placing the health of the person or another person in serious jeopardy, serious impairment to body function or serious dysfunction of any body organ or part or, with respect to a pregnant woman.

2. “Law enforcement agency”, (i) a state, county, municipal or district law enforcement agency, including, but not limited to: a city, town or district police department, the office of environmental law enforcement, the University of Massachusetts police department, the department of the state police, the Massachusetts Port Authority police department, also known as the Port of Boston Authority police department, and the Massachusetts Bay Transportation Authority police department; (ii) a sheriff’s department in its performance of police duties and functions; or (iii) a public or private college, university or other educational institution or hospital police department.

3.“Law enforcement officer” or “officer”, any officer of an agency, including the head of the agency; a special state police officer appointed pursuant to section 58 or section 63 of chapter 22C; a special sheriff appointed pursuant to section 4 of chapter 37 performing police duties and functions; a deputy sheriff appointed pursuant to section 3 of said chapter 37 performing police duties and functions; a constable executing an arrest for any reason; or any other special, reserve or intermittent police officer.

4.“Medically unstable,” any condition, whether physical, behavioral, related to substance use or mental health disorders, that manifests in an unstable medical or mental health status, which could reasonably be understood by a layperson to lead to an emergency medical condition.

(b) While under the custody or control of a law enforcement officer, any person who experiences an emergency medical condition or is medically unstable shall have the right to be provided with emergency medical services.

(c)Law enforcement officers shall request emergency medical services for any person under their custody or control who has 1) communicated that they are experiencing an emergency medical condition, 2) reasonably appears to a law enforcement officer to be experiencing an emergency medical condition, or 3) has been observed by a law enforcement officer or communicated to a law enforcement officer to be deteriorating such that they are medically unstable.

(d)Law enforcement officers shall be required immediately to fulfill their duty, per paragraphs (b) and (c) of this section, of providing emergency medical services only upon their observation of this medical need or upon communication by the individual under their custody or control.