Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2168 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 150 FILED ON: 1/10/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2168
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William C. Galvin
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to preventing death by drug overdose.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:William C. Galvin6th Norfolk1/10/2023Carol A. Doherty3rd Bristol2/7/2023 1 of 3
16	16	HOUSE DOCKET, NO. 150 FILED ON: 1/10/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2168
18	18	By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 2168) of
19	19	William C. Galvin and Carol A. Doherty for legislation to authorize emergency medical
20	20	technicians to restrain patients who present immediate or serious threats of bodily harm to
21	21	themselves or others. Public Health.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 2292 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to preventing death by drug overdose.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 111C of the General Laws is hereby amended by striking out
33	33	2section 18, as appearing in the 2012 Official Edition, and inserting in place thereof the following
34	34	32 sections:
35	35	4 Section 18. Subject to regulations and guidelines promulgated by the department, an
36	36	5emergency medical technician may restrain a patient who presents an immediate or serious threat
37	37	6of bodily harm to himself or others. Upon request by an EMT, a law enforcement official shall
38	38	7assist in the restraint of a patient. The minimum necessary restraint shall be used. Any such
39	39	8restraint shall be noted in the written report of said emergency medical technician. 2 of 3
40	40	9 Section 18A. If a law enforcement official, firefighter or EMS personnel administers an
41	41	10opioid antagonist, as defined in section 19B of chapter 94C, to a person suffering from an
42	42	11apparent drug overdose, such person shall be transported, with or without the person’s consent,
43	43	12by ambulance to a hospital for monitoring, observation and possible treatment until such time as
44	44	13the treating physician determines that the overdose has been reversed and the person is not in
45	45	14imminent danger. Law enforcement officials or EMS personnel may restrain a person transported
46	46	15pursuant to this section in accordance with the provisions of section 18. If a law enforcement
47	47	16official reasonably believes that his or her safety or the safety of other persons present so
48	48	17requires, the officer may search the person and the immediate surroundings, but only to the
49	49	18extent necessary to discover and seize any dangerous weapons which may on that occasion be
50	50	19used against the officer or other person present.
51	51	20 SECTION 2. Said chapter 111C is hereby further amended by striking out section 21, as
52	52	21so appearing, and inserting in place thereof the following section:-
53	53	22 Section 21. No EMS personnel certified, accredited or otherwise approved under this
54	54	23chapter, and no additional personnel certified or authorized under section 9, who in the
55	55	24performance of their duties and in good faith render emergency first aid, cardiopulmonary
56	56	25resuscitation, transportation, including the transportation of a person suffering from an apparent
57	57	26drug overdose pursuant to section 18A, or other EMS, to an injured person or to a person
58	58	27incapacitated by illness shall be personally liable as a result of rendering such aid or services or,
59	59	28in the case of an emergency medical technician or additional personnel, as a result of
60	60	29transporting such person to a hospital or other health care facility, nor shall they be liable to a
61	61	30hospital for its expenses if, under emergency conditions, including expenses incurred in 3 of 3
62	62	31monitoring, observing or treating a person pursuant to section 18A, they cause the admission of
63	63	32such person to said hospital.
64	64	33 SECTION 3. Chapter 112 of the General Laws is hereby amended by striking out section
65	65	3412V, as amended by chapter 38 of section 2014, and inserting in place thereof the following
66	66	35section:-
67	67	36 Section 12V. Any person who, in good faith, attempts to render emergency care
68	68	37including, but not limited to, cardiopulmonary resuscitation, defibrillation, transport to a hospital,
69	69	38or administration of an opioid antagonist, as defined in section 19B of chapter 94C, and does so
70	70	39without compensation, shall not be liable for acts or omissions, other than gross negligence or
71	71	40willful or wanton misconduct, resulting from the attempt to render such emergency care.