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.”