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| 2 | 2 | | HOUSE DOCKET, NO. 3754 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2142 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Daniel Cahill, (BY REQUEST) |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to the presence of chaperones. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Michael Drinan1/20/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3754 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2142 |
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| 18 | 18 | | By Representative Cahill of Lynn (by request), a petition (accompanied by bill, House, No. |
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| 19 | 19 | | 2142) of Michael Drinan relative to the presence of chaperones during certain medical |
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| 20 | 20 | | examinations. Public Health. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act relative to the presence of chaperones. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 M.G.L. c. 112, as appearing in the 2016 Official Edition, is hereby amended by adding |
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| 30 | 30 | | 2the following section:- |
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| 31 | 31 | | 3 Section 275 – Presence of Chaperones |
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| 32 | 32 | | 4 In all medical examinations, a physician or physician assistant shall provide notice to a |
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| 33 | 33 | | 5patient, or any other person who is to be examined, of the right to have a chaperone present |
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| 34 | 34 | | 6during breast and pelvic examinations of females and genitalia and rectal examinations of both |
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| 35 | 35 | | 7males and females. |
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| 36 | 36 | | 8 Notice to the patient is required and is satisfied by either written notice to the patient or |
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| 37 | 37 | | 9posting notice in a manner in which the patient or caregiver can reasonably be made aware. In |
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| 38 | 38 | | 10circumstances where the posting or written notice to the patient would not convey the right to |
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| 39 | 39 | | 11have a chaperone present, the physician or physician assistant shall use another means to ensure 2 of 2 |
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| 40 | 40 | | 12that the patient or person to be examined understands his or her right to have a chaperone |
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| 41 | 41 | | 13present. |
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| 42 | 42 | | 14 A physician or physician assistant shall not be obligated to provide further care for a non- |
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| 43 | 43 | | 15emergency immediate medical problem presented if the physician or physician assistant is unable |
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| 44 | 44 | | 16to provide a requested chaperone acceptable to the patient. A physician or physician assistant |
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| 45 | 45 | | 17shall not be obligated to provide further care for a non-emergency immediate medical problem |
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| 46 | 46 | | 18presented if the patient refuses to have a chaperone present and it is the physician’s or physician |
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| 47 | 47 | | 19assistant’s desire to have a chaperone present during the examination. |
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