SENATE DOCKET, NO. 315 FILED ON: 1/13/2023
SENATE . . . . . . . . . . . . . . No. 1333
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The Commonwealth of Massachusetts
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PRESENTED BY:
Joanne M. Comerford
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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 prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients.
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PETITION OF:
Name: | District/Address: |
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Joanne M. Comerford | Hampshire, Franklin and Worcester |
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Mindy Domb | 3rd Hampshire | 1/27/2023 |
Jason M. Lewis | Fifth Middlesex | 1/31/2023 |
John F. Keenan | Norfolk and Plymouth | 2/1/2023 |
Susannah M. Whipps | 2nd Franklin | 2/6/2023 |
James B. Eldridge | Middlesex and Worcester | 2/9/2023 |
Julian Cyr | Cape and Islands | 2/22/2023 |
Rebecca L. Rausch | Norfolk, Worcester and Middlesex | 2/23/2023 |
Patricia D. Jehlen | Second Middlesex | 3/2/2023 |
SENATE DOCKET, NO. 315 FILED ON: 1/13/2023
SENATE . . . . . . . . . . . . . . No. 1333
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1333) of Joanne M. Comerford, Mindy Domb, Jason M. Lewis, John F. Keenan and other members of the General Court for legislation to prohibit nonconsensual intimate examinations of anesthetized or unconscious patients. Public Health. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1383 OF 2021-2022.]
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 prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter 111 of the General Laws is hereby amended by inserting after section 70H the following section:-
Section 70I. (a) For the purposes of this section, the following words shall have the following meanings:
"Intimate examination", a pelvic, prostate or rectal examination.
“Health care provider”, a physician, a student in a medical or nursing school participating in a course of instruction, a person participating in a residency program or clinical training program, a physician assistant, an advanced practice registered nurse or other health care provider.
(b) A health care provider may not perform an intimate examination on an anesthetized, deeply sedated or unconscious patient unless the patient has given specific informed consent in writing to the intimate examination; or the performance of an intimate examination is within the scope of care for the planned procedure, surgical procedure or diagnostic examination to be performed on the patient for which the patient has provided general consent; or, in the case of an emergency or urgent care situation on an unconscious patient, the intimate examination is required for diagnostic or treatment purposes.