Amendment ID: S2996-23

Amendment 23

Clarifying provisions

Mr. Tarr moves that the proposed new text be amended by striking out in Section 1, in lines 7-18, the definition of “Legally protected health care activity” and inserting in place thereof the following words:- “Legally-protected health care activity”, (i) the exercise and enjoyment, or attempted exercise and enjoyment, by any person of rights to reproductive health care services or gender-affirming health care services as such rights are provided for by the constitution or laws of the commonwealth or the provision of insurance coverage for such services; or (ii) any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive health care services or gender-affirming health care services as such rights are provided for by the constitution or laws of the commonwealth, or to provide insurance coverage for such services; provided, however, that the provision of such a health care service and the provision of insurance coverage for such service shall be legally protected only if the service is permitted under the laws of the commonwealth and provided by a person duly licensed under the laws of the commonwealth and physically present in the commonwealth;

and by striking out in Section 4, in lines 47-68, the definition of “Legally protected health care activity” and inserting in place thereof the following words:-

“Legally-protected health care activity”, (i) the exercise and enjoyment, or attempted exercise and enjoyment, by any person of rights to reproductive health care services or gender-affirming health care services as such rights are provided for by the constitution or laws of the commonwealth or the provision of insurance coverage for such services; or (ii) any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive health care services or gender-affirming health care services as such rights are provided for by the constitution or laws of the commonwealth, or to provide insurance coverage for such services; provided, however, that the provision of such a health care service and the provision of insurance coverage for such service shall be legally protected only if the service is permitted under the laws of the commonwealth and provided by a person duly licensed under the laws of the commonwealth and physically present in the commonwealth;

and by inserting in Section 8, in line 178, after the word “state” the following words:-

or to permit the board to disregard or approve the unlicensed practice of medicine in any other state by any person licensed by or applying for licensure by the board;

and by inserting in Section 9, in line 194, after the word “state” the following words:-

or to permit the board to disregard or approve the unlicensed practice of physician assistants in any other state by any person licensed by or applying for licensure by the board;

and by inserting in Section 10, in line 212, after the word “state” the following words:-

or to permit the board to disregard or approve the unlicensed practice of pharmacists in any other state by any person licensed by or applying for licensure by the board;

and by inserting in Section 11, in line 237, after the word “state” the following words:-

or to permit the board to disregard or approve the unlicensed practice of nursing in any other state by any person licensed by or applying for licensure by the board;

and by inserting in Section 12, in line 253, after the word “state” the following words:-

or to permit the board to disregard or approve the unlicensed practice of psychology in any other state by any person licensed by or applying for licensure by the board;

and by inserting in Section 13, in line 269, after the word “state” the following words:-

or to permit the board to disregard or approve the unlicensed practice of social work in any other state by any person licensed by or applying for licensure by the board;

and by striking out in Section 33 the two paragraphs inserted by lines 413-433 and inserting in place thereof the following 2 paragraphs:-

The governor may also surrender, on demand of the executive authority of any other state, any person in the commonwealth charged in such other state in the manner provided in section 14 with committing an act in this commonwealth, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, hereafter in this section and in sections 14 to 20P, inclusive, referred to as the demanding state and the provisions of sections 11 to 20R, inclusive, not otherwise inconsistent shall apply to such cases even though the accused was not in the demanding state at the time of the commission of the crime

The governor shall not surrender a person charged in another state as a result of engaging in legally-protected health care activity, as defined in section 11I½ of chapter 12, unless the executive authority of the demanding state shall allege in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense and that thereafter the accused fled from the demanding state; and

By striking out Section 34.