Massachusetts House Bill H2146

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients

Impact

The introduction of H2146 represents a significant step towards enhancing patient rights within the healthcare system. By establishing a formal legal framework that mandates consent for intimate examinations, the bill seeks to protect vulnerable patients from potentially invasive procedures that occur without their knowledge or agreement. This change addresses a critical gap in patient consent laws and aims to increase transparency and trust in medical practices, particularly regarding sensitive examinations.

Summary

House Bill 2146 aims to prohibit nonconsensual intimate examinations performed on anesthetized or unconscious patients. This legislation amends Chapter 111 of the General Laws of Massachusetts to define intimate examinations as pelvic, prostate, or rectal examinations and to set strict guidelines for when such examinations may be conducted. The bill requires that a specific informed consent must be given in writing or that the examination is part of a procedure for which the patient has already provided general consent. It also allows for exceptions in emergency situations when needed for diagnostic or treatment purposes.

Contention

The proposal is likely to generate discussions among healthcare providers about the practicality of obtaining written consent in urgent, high-stakes medical situations. Supporters argue that the bill ensures that patients maintain control over their bodies, while critics might raise concerns about the challenges it could introduce in emergencies, where immediate medical intervention is necessary. The balance between patient safety, autonomy, and the responsibilities of healthcare providers will be a central point of contention as the legislation progresses.