Bill HD.5271

Chapter 111 of the General Laws is hereby amended by inserting after section 70H the following section:

Section 70I. (a) Any hospital, clinic, ambulatory surgery center or physician licensed pursuant to chapter 112 that performs a colonoscopy shall, prior to the administration of sedation or anesthesia, provide the patient with written and verbal notice of the patient’s right to decline anesthesia or to request alternative methods of pain management, unless a physician has determined, based on the patient's medical history or complexity of the procedure, that the colonoscopy cannot be performed safely without sedation or anesthesia.

(b) Such notice shall be provided during the informed consent process and documented in the patient’s medical record.

(c) Prior to the procedure, the patient shall also be provided with a good faith estimate of the costs associated with the colonoscopy, both with and without the use of anesthesia or alternative methods of pain management, including any facility, provider and professional fees reasonably anticipated at the time of scheduling.

(d) The department, in consultation with the board of registration in medicine, shall promulgate regulations to implement this section.

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