Amendment #420 to H3400

An act relative to Justina's Law

Mr. Lombardo of Billerica moves to amend the bill by adding the following section:-

“SECTION XX. Chapter 119 of the General Laws is hereby amended by inserting after section 51H the following section:-

Section 51I. (a) A parent or legal guardian shall not be charged with abusing or neglecting a child’s need for medical care if:

(1)the parent or legal guardian has sought medical care for the child from a licensed medical or mental health provider;

(2)the licensed medical or mental health provider has made a diagnosis;

(3)the licensed medical or mental health provider has prescribed a lawful course of treatment; and

(4)the parent or legal guardian is following or willing to follow the recommended course of treatment.

(b) No mandatory reporter, as defined in section 21, shall file a report of abuse or neglect under section 51 based solely on a parent or legal guardian’s decision to follow the recommended treatment of a licensed medical or mental health provider.

(c) No parent or legal guardian shall be considered to have committed abuse or neglect where the parent or legal guardian followed the advice and treatment plan of a licensed medical or mental health provider, notwithstanding the contrary opinion or recommended treatment plan of another licensed medical or mental health provider; provided, that the decision does not involve an immediate and life-threatening condition. In the case of an immediate life-threatening condition, a parent or legal guardian may follow the preferred advice or treatment plan of a licensed medical or mental health provider unless there is clear and convincing evidence that the alternate opinion or recommended treatment plan should be followed.”

Additional co-sponsor(s) added to Amendment #420 to H3400

An act relative to Justina's Law