HOUSE DOCKET, NO. 4004        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1398

The Commonwealth of Massachusetts

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PRESENTED BY:

Donald R. Berthiaume, Jr.

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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 healthcare proxies.

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PETITION OF:

HOUSE DOCKET, NO. 4004        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1398

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to healthcare proxies.

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. Section 2 of Chapter 201D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the second paragraph the following:-

“In the event that a previously designated healthcare agent, healthcare proxy, or alternate is not available, willing, or competent to make decisions, the attending physician may designate another willing physician to make health care treatment decisions as a patient's proxy decision-maker if:

(A) The attending physician has a made a reasonable effort to contact the patient’s proxy decision-maker;

(B) The attending physician has obtained an independent determination of the patient's lack of decisional capacity by another physician; by an advanced practice nurse who has collaborated about the patient with a licensed physician either in person, by telephone, or electronically; or by a court;

(C) The attending physician or his or her designee has consulted with and obtained a consensus on the proxy designation with the medical ethics committee of the health care facility where the patient is receiving care; and

(D) The identity of the physician designated as proxy decision-maker is documented in the medical record.

Nothing in this section should be construed as authorizing physician assisted suicide.”