Skip to Content
The 192nd General Court of the Commonwealth of Massachusetts


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 70G the following section:—

Section 70H. (a) For the purposes of this section, the term “Down Syndrome” shall mean a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. A facility, as defined in section 70E, physician, health care provider, nurse midwife or genetic counselor who renders prenatal care, postnatal care or genetic counseling shall, upon receipt of a positive test result from a test for Down Syndrome, provide the expectant or new parent with information provided by the department under subsection (b).

(b) The department shall make available to a person who renders prenatal care, postnatal care or genetic counseling to parents who receive a prenatal or postnatal diagnosis of Down Syndrome the following: (i) up-to-date evidence-based, written information about Down Syndrome that has been reviewed by medical experts and national Down Syndrome organizations; provided, however, that the written information provided shall include physical, developmental, educational and psychosocial outcomes, life expectancy, clinical course and intellectual and functional development and treatment options; and (ii) contact information regarding first call programs and support services, including information hotlines specific to Down Syndrome, resource centers or clearinghouses, national and local Down Syndrome organizations including the Massachusetts Down Syndrome Congress, and other educational and support programs. The department may also make such information available to any other person who has received a positive test result from a test for Down Syndrome.

(c) Information provided under this section shall be culturally and linguistically appropriate for a woman receiving a positive prenatal diagnosis and for the family of a child receiving a postnatal diagnosis of Down Syndrome.

(d) Nothing in this section shall limit the rights of a person under section 70G.

Approved, June 22, 2012.