Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3379 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 310 FILED ON: 1/11/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3379
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joseph D. McKenna
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 establishing an emergency responder yellow dot program.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Joseph D. McKenna18th Worcester1/11/2023Alan Silvia7th Bristol2/10/2023Carol A. Doherty3rd Bristol2/19/2023 1 of 5
16	16	HOUSE DOCKET, NO. 310 FILED ON: 1/11/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3379
18	18	By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 3379) of
19	19	Joseph D. McKenna, Alan Silvia and Carol A. Doherty that the Registrar of Motor Vehicles be
20	20	authorized to establish an emergency responder yellow dot program. Transportation.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 3537 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act establishing an emergency responder yellow dot program.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 90 of the General Laws is hereby amended by inserting after section 11 the
32	32	2following section:-
33	33	3 Section 11A. (a) For the purposes of this section the following words shall, unless a
34	34	4different meaning is apparent from the language or context, have the following meanings:-
35	35	5 “Emergency responder”, an emergency medical technician, emergency medical
36	36	6technician-paramedic, paramedic, other emergency medical services provider, physician or nurse
37	37	7on the scene or accompanying or attending a patient in an ambulance, fire fighter or law
38	38	8enforcement officer on the scene. This definition shall apply whether an ‘emergency responder’ 2 of 5
39	39	9is on-scene in a professional capacity in response to an emergency call, or whether an individual
40	40	10possessing such professional training is on-scene by simple happenstance.
41	41	11 “Program participant”, an individual who has completed a health information card that
42	42	12includes health and emergency contact information, and affixed the decal provided by the
43	43	13registrar pursuant to the yellow dot program to the individual's vehicle.
44	44	14 “Yellow dot program”, a voluntary program of the registry to assist drivers and
45	45	15passengers who participate in the program and emergency medical responders in reporting
46	46	16critical medical information in the event of a motor vehicle accident or a medical emergency
47	47	17involving a program participant's vehicle.
48	48	18 (b) The registrar shall establish a yellow dot program in the registry. The yellow dot
49	49	19program shall provide emergency responders with critical health and emergency contact
50	50	20information about program participants so that emergency responders may aid program
51	51	21participants when those individuals are involved in motor vehicle emergencies or accidents and
52	52	22are unable to communicate. The registrar shall make yellow dot program materials available for
53	53	23pick up by any interested person at any registry of motor vehicle customer service office and
54	54	24shall provide for an on-line means through which individuals can request the materials required
55	55	25to participate in the program. The registrar shall also make yellow dot materials available in
56	56	26bulk, at no cost, to outside organizations wishing to disseminate those materials.
57	57	27 (c) The registrar shall provide to a program participant:
58	58	28 (1) a standard medical information form providing space for each participant to supply, at
59	59	29a minimum, the following information: name; a photograph of the program participant taken
60	60	30within the past 5 years clearly showing the participant’s face; emergency contact information of 3 of 5
61	61	31no more than 2 persons; medical information, including medical conditions, recent surgeries,
62	62	32allergies, medications being taken, specific medical instructions and any religious objection to
63	63	33receiving treatment; hospital preference; no more than 2 physicians' contact information; and the
64	64	34date on which the participant completed the form. The medical information form shall include a
65	65	35statement that the yellow dot program acts as a facilitator only, and that all information supplied
66	66	36on the medical information form is the sole responsibility of the program participant. The
67	67	37medical information form shall also include statements that the program participant supplies the
68	68	38medical information voluntarily, and that the program participant authorizes the disclosure to,
69	69	39and use of, the medical information by emergency medical responders and other responders for
70	70	40the purposes described in this section.
71	71	41 (2) a yellow decal of a size and design to be determined by the registrar which may be
72	72	42affixed to the rear driver's side window of the program participant's motor vehicle.
73	73	43 (3) a yellow envelope of a size and design to be determined by registrar into which the
74	74	44health information card established pursuant to this subsection is to be inserted and placed in the
75	75	45program participant's glove compartment; and
76	76	46 (4) a program instruction sheet.
77	77	47 (d) An emergency medical responder or other responder may use the information
78	78	48contained in the yellow dot folder for the following purposes:
79	79	49 (1) to identify a participant in the yellow dot program;
80	80	50 (2) to ascertain whether the participant has a medical condition that may impede
81	81	51communications with the responder; 4 of 5
82	82	52 (3) to communicate with the participant's emergency contacts about the location and
83	83	53general condition of the participant; or
84	84	54 (4) to consider the person's current medications and pre-existing medical conditions when
85	85	55emergency medical treatment is administered for any injury the participant suffers.
86	86	56 (e) the unauthorized taking of the personal information contained within an individual’s
87	87	57‘yellow-dot’ materials, and/or the use of such information for any purpose not related to life-
88	88	58saving or other emergency response measures, shall fall under the definitions and enforcements
89	89	59of ‘identity theft’ defined in MGL Chapter 266 Section 37E
90	90	60 (f)Except for wanton or willful misconduct, no emergency medical responder nor any
91	91	61employer of an emergency medical responder, shall incur any liability if the emergency medical
92	92	62responder or other responder is unable to make contact, in good faith, with an emergency contact
93	93	63person, or disseminates or fails to disseminate any information from the yellow dot folder to
94	94	64other emergency medical responders, hospitals, or any healthcare providers who render
95	95	65emergency medical treatment to the participant. No health care provider or employer of a health
96	96	66care provider shall incur any civil or criminal liability if the provider relies in good faith on the
97	97	67information provided to them through the program.
98	98	68 (g) The registrar shall develop and undertake a public education campaign to inform the
99	99	69public about the yellow dot program established pursuant to this section. The registrar shall
100	100	70provide sufficient program materials to other state departments, agencies, non-profit
101	101	71organizations, or automobile or driving organizations seeking to distribute or make program
102	102	72materials available to interested persons. 5 of 5
103	103	73 (h) The registrar shall notify the executive office of public safety regarding the
104	104	74implementation of the yellow dot program so that all emergency responders are informed about
105	105	75the program.
106	106	76 (i) The Massachusetts Department of Transportation may accept donations and grants
107	107	77from any source, including eligible federal safety funds, to pay the expenses the department of
108	108	78transportation incurs in the development and implementation of the yellow dot motor vehicle
109	109	79medical information program.